Mrs. Rajni Mehra And Others vs Shri Pran Nath Mehra And Others
2001 Latest Caselaw 673 Del

ORDER

A.K. Sikri, J.

1. These petitions are filed under Section 24 read with Section 151 of the Code of Civil Procedure seeking transfer of Suit Nos. 179/91 filed by the defendants which is pending in the Court of Shri Sanjay Kumar, Civil Judge, Delhi as well as Suit No. 27/92 which is pending in the Court of Shri Gulshan Kumar, Civil Judge, Delhi.

2. Averments made in these petitions are that petitioners have filed Suit for partition of various properties in this Court being Suit no. 1973/91. Among various properties one of the properties included for partition is House no. A-8/41, Rana Pratap Bagh, Delhi - 110007. According to the averments made in the partition Suit, the petitioners are joint owners of this property also along with the respondents and other brothers/sisters. On the other hand, the respondents have claimed that they are exclusive owner of house no. A-8/41, Rana Pratap Bagh, Delhi - 110 007. Suit No. 179/91 filed by the respondents in the Court of Shri Sanjay Kumar, Civil Judge, Delhi is for mandatory injunction and other reliefs seeking direction against the plaintiffs to quit the said house on the ground that they are exclusive owner of the said property and petitioners have right to stay therein. The ownership is claimed on the basis of Will purported to have been executed by Smt. Sushila Kumari Mehra, mother of the parties. Execution of the said Will is challenged by the petitioners by filling written statement in the said Suit No. 179/91. In Suit No. 1973/91 filed by the petitioner, which is pending in this Court, the respondent have sought exclusion of the aforesaid house no. A-8/41, Rana Pratap Bagh, New Delhi on the same ground taken in S. no. 179/91 namely, the respondents are exclusive owners of the Suit property in which petitioners have no right and therefore the said property cannot be partitioned. The ownership is claimed, inter alia, on the basis of Will purported to have been executed by Smt. Sushila Kumari Mehra.

3. In so far as Suit No. 27/92 for recovery of Rs.36,000/- filed by the respondents against the petitioners and pending before Shri Gulshan Kumar, Civil Judge, Delhi is concerned, the said Suit is based on the allegations that petitioners are occupying house no. A-8/41, Rana Pratap Bagh, Delhi unauthorisedly and are trespassers and therefore they are liable to pay use and occupation charges along with interest. Therefore, the said Suit is sequal and off-shoot of Suit No. 179/91 and the claim in the Suit for recovery of use and occupation charges rests on the same averments on the basis of which Suit No. 179/91 has been filed.

4. In these petitions, it is stated that the question involved in the Suit No. 1973/91 filed by the petitioners are the same as involved in the aforesaid two Suits pending in the District Court. The issues to be decided in both the cases, in respect of house no. A-8/41, Rana Pratap Bagh, Delhi would be the same. Evidence to be led in all these Suits would be identical. Similar situation arose in the case of Virender Gupta versus Nitender Gupta wherein one Suit for partition was filed by one party and the other party had claimed ownership of the Suit property on the basis of Will for which the other party had filed probate proceedings. The Court ordered that the Suit and probate proceedings be tried together on the ground that issue in one Suit was all embracing and fully covered the entire disputes between the parties. These applications are accordingly allowed. Suit Nos. 179/91 and 27/92 are transferred to this Court and would be tried along with Suit No. 1973/91. Necessary direction be sent to the Trial Court for sending the aforesaid Suit files to this Court.

5. List before the Joint Registrar on 2nd August, 2001.

IAs. 10765/99 (in OMP.306/99) & 10784/99 (in OMP. 307/99)

6. In view of the Order passed in the OMPs directing transfer of concerned Suits to this Court, no further orders are required in these IAs which accordingly stand disposed of.