Mr. Surinder Singh Rekhi vs Smt. Harbir Kaur Rekhi & Others
2000 Latest Caselaw 1209 Del

ORDER

Vikramajit Sen, J.

1. This suit for Declaration, Injunction and Specific Performance has been filed in respect of plot of land (suit land) measuring 6048 sq. yards situated in Khasra No. 224, in the Revenue Estate off Sultanpur, Mehrauli, New Delhi. In the plaint it has been stated that the suit land was purchased by Sale Deed dated 21.8.1963 for a total consideration of Rs. 24,600/- by the Plaintiff and his brother late Birinder Singh Rekhi; the Defendants are the legal representatives of the latter. Thereafter, the suit land was used as a poultry farm by the two brothers which business was conducted by them as a partnership firm. This partnership was dissolved because late Birinder Singh had started another business venture in Faridabad and was in need of funds. The partnership was dissolved and the Plaintiff paid his brother late Shri Birinder Singh a sum of Rs.25,000/- in cash in May, 1966 and a sum of Rs.17,065/- in cash on 6.9.1966. Since then the Plaintiff is in exclusive possession thereof as its sole owner. A Memorandum of Dissolution of Partnership was signed by the two brothers on 6.9.1966. Subsequently, Shri Birinder Singh migrated to the U.S.A. where he expired in 1995 leaving behind him the Defendants, who are also settled in U.S.A. It is stated that the Plaintiff has openly been claiming the title/exclusive possession of suit land for more than 30 years.

2. Notice of the suit was ordered and an ex parte ad interim injunction was granted on 3.6.1998. By orders dated 14.5.1999 Defendants 1, 3 and 4 were proceeded ex parte as clarified in the subsequent order dated 30th July, 1999. Summons were ordered to be issued to Defendant No.2. Eventually, Defendant No.2 was served by publication and as no one appeared, this Defendant was also proceeded ex parte. Ex parte evidence, by way of affidavits has been led.

3. The Plaintiff has filed his affidavit dated 16th October, 2000 and has substantialaly proved the statements made in the Plaint and a number of documents were exhibited by him. The Sale Deed is "Ext. A". The Memorandum of Dissolution of Partnership dated 6.9.1966 is "Ext. B" and the Receipts issued to the Plaintiff in respect of payment made pursuant thereto are "Ext.C to E". The Letters exchanged between the two brothers are "Ext.F to H". The Plaintiff has also filed a copy of the public notice inserted in "Hindustan Times" on 19.9.1995 as "Ext.I". He has asserted that he has an exclusive possession of the suit land since 6.9.1966 and has raised construction thereon and has been carrying on business of poultry from that date. The order of the Commissioner of Income Tax has also been filed a perusal of which show that the Plaintiff was carrying on business as proprietor of M/s. Rekhi Poultries. The statement of the Plaintiff has not been rebutted or controverter.

4. On the basis of the pleadings as well as the statement of the Plaintiff, he has satisfactorily proved that he has become the exclusive owner of the suit land by virtue of the Agreement/Dissolution of Partnership executed between him and his late brother Birinder Singh Rekhi whose legal heirs are Defendants 1 to 4. Even if this fact is ignored, since the Plaintiff has been in exclusive possession of the suit land since 6.9.1966 without any opposition or demur from any person including his brother late Shri Birinder Singh, who is the joint owner by virtue of Deed of Conveyance dated 21st August, 1963, the Plaintiff has succeeded in proving his ownership of possession by adverse to the said co-owners.

5. Accordingly, I pass a decree of declaration declaring that the Plaintiff is the exclusive owner of the suit property measuring 6048 sq. yards situated in Khasra No. 224, situated in Revenue Estate of Village Sultanpur, Mehrauli, Delhi. I also permanently restrained and injunct Defendants, their agents from interfering with the peaceful possession of the Plaintiff in the suit land or creating any third party interest therein.

6. Decree Sheet be drawn up accordingly.