Shri Ashwani Sharma v. Smt Kanta Sharma & Others

RAJIV SAHAI ENDLAW, J JANUARY 24, 2017

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*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 24th January, 2017 + ASHWANI SHARMA .... Plaintiff Through: Mr. Sanjay Goswami, Adv. Versus KANTA SHARMA & ORS. .... Defendants Through: Mr. Sanjiv Bahl, Mr. Eklavya Bahl and Mr. Pawan Agarwal, Advs. for D-1 to 3. CORAM:- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The plaintiff instituted this suit pleading (i) that late Shri Diwan Chand Sharma, being the paternal grandfather of the plaintiff, was one of the migrants to India from what is now Pakistan and was entitled to rehabilitation; (ii) that after the partition of the country, the Government of India, in the year 1947, under a Defence Rehabilitation Scheme, set-up certain colonies for rehabilitation of the officers of Armed Forces, Navy and Air Force who had migrated to India on partition of the country and one such colony to be set-up was what is today known as Defence Colony, New Delhi; (iii) that as Shri Diwan Chand Sharma was also a Defence personnel who had migrated from Pakistan, he applied for allotment of a plot in the said colony; (iv) that the Settlement Officer, Ministry of Defence allotted plot no.A-132, Defence Colony, New Delhi ad measuring 216.66 sq. yds. in the colony of Defence Colony to the said Shri Diwan Chand Sharma; (v) that the allotment in favour of Shri Diwan Chand Sharma was on the basis of the eligibility certificate issued by the Re-settlement Section, Ministry of Defence on the basis of his qualification as a Defence personnel and was not a mere general allotment; (vi) Shri Diwan Chand Sharma raised construction on the said plot of land and was residing therein along with his wife and two sons namely Col. Ram Prakash Sharma and Sh. Keshwa Nand Sharma (being the father of the plaintiff); (vii) that though Col. Ram Prakash Sharma being the brother of the father of the plaintiff was also a Defence personnel but was not qualified under the Defence Re-settlement Scheme for allotment of any property; (viii) that Shri Diwan Chand Sharma died intestate in January, 1977 and his wife also died intestate in March, 1979; (ix) that the father of the plaintiff namely Sh. Keshwa Nand Sharma, by reason of his employment shifted along with his family including the plaintiff to Modi Nagar, Uttar Pradesh; (x) that the father of the plaintiff Shri Keshwa Nand Sharma died on 24th March, 1997 leaving the plaintiff and defendants no.4 to 9 namely Smt. Kamlesh Sharma, Smt. Promila Sharma, Smt. Kavita Malik, Smt. Achla Salwan, Smt. Anjana Sharma and Smt. Poonam Sharma as his heirs; (xi) that the plaintiff and the defendants no.4 to 9 as well as Shri Keshwa Nand Sharma were always given an impression by Col. Ram Prakash Sharma that the property no.A-132, Defence Colony, New Delhi had always been the absolute and self-acquired property of late Shri Diwan Chand Sharma against certain entitlements for rehabilitation as a migrant from Pakistan and that his entitlement was also for compensation for properties held by him in Pakistan; (xii) that the plaintiff and the defendants no.4 to 9 or Shri Keshwa Nand Sharma never had any occasion to demand share in the property; (xiii) that Col. Ram Prakash Sharma died on 25th January, 2000; (xiv) that the plaintiff suffered financial setbacks in his business and was in need of funds and the plaintiff and the defendants no.4 to 9 in January, 2007 sought partition of the property; (xv) that the plaintiff then was for the first time informed that the property had not only been converted into freehold but had been mutated in the sole name of Col. Ram Prakash Sharma and after his demise in the name of his widow i.e. the defendant no.1 (defendant no.2 Dr. Rajesh Sharma and defendant no.3 Dr. Seema Sen are son and daughter respectively of Col. Ram Prakash Sharma); (xvi) it was then that the plaintiff for the first time learnt that the property had been mutated in the name of Col. Ram Prakash Sharma in the lifetime itself of Shri Diwan Chand Sharma on the basis of some Court orders;