Vijay Laxmi Pandey vs K.S. Pandey & Ors.
2009 Latest Caselaw 3855 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                 Date of Reserve : 16.09.2009
                                                 Pronounced on : 18.09.2009

+                            CS (OS) 570/2008

      VIJAY LAXMI PANDEY                                 ..... Plaintiff

                             Through: Ms. Kamlesh Mahajan, Advocate.
                    versus

      K.S. PANDEY & ORS.                           ..... Defendants
                             Through: None.

CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT

1.    Whether the Reporters of local papers                      Yes
      may be allowed to see the judgment?

2.    To be referred to Reporter or not?                         Yes

3.    Whether the judgment should be                             Yes
      reported in the Digest?

HON'BLE MR. JUSTICE S.RAVINDRA BHAT, J.

1. The plaintiff seeks a decree for permanent and mandatory injunction against the

defendants, from dispossessing, her, or disturbing her possession in respect of the suit

property, C-180/A, Defence Colony, New Delhi.

2. The brief facts, necessary for this judgment are that the plaintiff claims to be the

owner of the suit property, by registered sale Deed dated 17-9-2002 (Ex. PW1/1) and in

possession of ground floor and basement floor of the said property. In addition the

plaintiff relies on Exb. PW1/2, a site plan, to show her entitlement and possession.

CS(OS) 570/2009 Page 1

3. The Defendant No.1, states the plaintiff is her husband- as well as of Defendant

No.2 (the former's first wife). The defendant Nos. 3 and 5 are the first defendant's sons,

through the second defendant; Defendant Nos. 4 and 6 are the wives of the third and

fifth defendants, respectively. The plaintiff claims having married the Defendant No.1 in

1981. It is stated that one son, Santosh Pandey was born from the said wedlock; he is

presently studying in Pune. It is contended that soon after marriage, plaintiff and

defendant No.1 went to Bhopal and thereafter returned to Delhi and stayed at A-44,

Defence Colony, New Delhi for two years. Thereafter, the couple shifted to another

accommodation in Lajpat Nagar and stayed there for another two years.

4. The plaintiff alleges having completed a "Skin Treatment Course" successfully, in

2001. It is claimed that the first defendant purchased C-180/A, Defence Colony, in 2000;

it was later converted from leasehold to freehold. The plaintiff avers to starting a Skin

Treatment Centre exclusively for ladies, from the basement floor of the suit property.

She relies on Electricity Bill Ex. PW1/3-4A, Ex. PW1/5, Passport Ex. PW1/6, and Driving

Licence Ex. PW1/7 to support her claim for possession.

5. The plaintiff says for the last approximately six months, the first defendant

neither visits the ground floor of the premises, nor do other family members talk to her

or her son and on the contrary, they are attempting to discomfit them, in the said

property. It is argued that the first defendant wants the plaintiff to involve the other

CS(OS) 570/2009 Page 2 defendants in her Skin Treatment Centre, since the Defendant Nos. 3 & 5 are engaged in

petty consultancy jobs.

6. It is alleged that the second defendant intervened in the matter and requested

the plaintiff that since she was doing extremely well in her business, she (the plaintiff)

should pay some monthly amount to the Defendant No.1, which, it is stated, is being

done. A copy of the plaintiffs' statement of account is marked Ex. PW1/8. It is alleged

that when the defendants' greed increased, the plaintiff decided to sell the property

and requested the first defendant to give her the originals of the property, after which

he stated avoiding her on one pretext or the other. It is submitted that the plaintiff

became aware that the property had been mortgaged, when she was shocked.

According to her, the signatures were obtained without her awareness that the property

would be mortgaged.

7. It is contended that on 29.01.2008, the defendants stormed into the house of the

plaintiff, threatening that in case she did not involve the defendants in her Skin

Treatment Centre as partners and that they would leave no stone unturned and ensure

that Centre is closed down and that they are further threatening the deponent that she

would be thrown out of the house along with her son. It is claimed that the plaintiff

sought intervention of the first defendant's mother, and this led to a semblance of

normalcy. It is averred that on 19.03.2008, the Defendants No.1, 2, 3 and 5 aggressively

CS(OS) 570/2009 Page 3 barged into her house at approximately 9.45 p.m and threatened her with dire

consequences if she did not agree to include them as partners in her Centre.

8. The plaintiff entreated the defendants not to disturb her, as her son was

undergoing the pressure of Board Examinations and his last exam was on 29.03.2008.It

is submitted that the plaintiff requested the defendants not to disturb them. It is alleged

that the Defendant no.1, tried to slap the plaintiff but her son managed to help and

save her. It is stated that he requested the defendants to leave immediately or the

police would be sent for. The defendants left but kept threatening that she and her son

would have to face dire consequences soon.

9. The plaintiff states that the defendants openly threatened her that in case the

police were to be called by her, he (the said defendant no.1), being a very "connected"

would "manage" the police. The plaintiff states having complained to the police. It is

alleged that the said first defendant complained, in writing, to the Municipal

Corporation of Delhi (MCD). This, it is stated led to the MCD sealing the premises, and

later, the plaintiff got approval to continue with skin treatment clinic. On 25.02.2009,

the defendant No.1, barged into the plaintiff's house and started abusing and assaulting

her; when the plaintiff tried to call the police, the first defendant not only snatched the

phone but also started physically beating her.

CS(OS) 570/2009 Page 4

10. It is averred that thereafter with great difficulty, the deponent managed to call

the police; the latter got the plaintiff's medical check-up which showed that the plaintiff

had contusions on the back 10x10 cm, superficial abrasion 2x1 cm on clausal aspect of

right and left for arm mark "A". The plaintiff relies on her medical examination by CMOs

a copy of which is produced as Mark "B". the plaintiff also relies on Mark C, the

complaint to the Defence Colony Police. It is alleged that on 25.02.2009 the first

defendant undertook and assure, before the SHO Defence colony that he would not

keep any relationship with the plaintiff or fight with her.

11. The plaintiff, thus claims entitlement to a decree for permanent injunction

against the defendants not to dispossess her from the suit property bearing C-180/A,

Defence Colony, New Delhi half Basement and half ground floor. She also claims

mandatory injunction against the defendants not to enter in her portion or to interfere

in the peaceful use and occupation of the suit property. In addition, the plaintiff says

that she is entitled to a decree for permanent injunction against the defendants

restraining them from entering the skin clinic run by her.

12. The order sheet discloses that though the defendants did not enter appearance,

though they were served with summons. The court recorded this on 9-4-2009; the

defendants did not apply to participate proceedings. They were, therefore, set down ex-

parte. The plaintiff, therefore, led evidence, by way of affidavit, and also marked the

documents.

CS(OS) 570/2009 Page 5

13. The above discussion shows that the plaintiff alleges to be in possession of the

suit premises, for long; at least since 2002. The registered sale Deed dated 17-9-2002

(Ex. PW1/1) has been produced; the plaintiff also relies on a sketch plan (Ex. PW-1/2).

She relies on Electricity Bill Ex. PW1/3-4A, Ex. PW1/5, Passport Ex. PW1/6, and Driving

Licence Ex. PW1/7 to support her claim for possession. It is contended that the

defendants have sought to disturb her possession, and threatened her. She relies on the

testimony of her son, PW-2, to corroborate the allegations. She also relies on PW-3, who

answered the court's summons, to produce the police records. They include Ex. PW-3/1

and Ex. PW-3/5.

14. On an overall consideration of the facts, it is held that the plaintiff has been able

to establish that she has some interest in respect of the suit property. The sale deed

recites that she has interest in respect of 600 sq. feet of basement, and a portion (700

sq. feet) of the ground floor. However, some documents - notably electricity bills, and

statement of accounts, state her address to be the basement of the property. The copy

of passport and driver's license, however mention the ground floor. No certified copy of

municipal records were however, produced. Curiously, copies of the complaints made to

the police did not mention anything about the alleged attack on her by the defendants,

or the threats held out by them. The complaint, placed on the record, mentions about

threat held out by someone on the telephone, that if she did not withdraw the claim

against the defendant, in respect of the property, she would be harmed.

CS(OS) 570/2009 Page 6

15. In view of the above discussion, the court holds that the plaintiff has been able to show possession in respect of some portion of the property, though not the whole of it; she has, however, not been able to establish that all the defendants are threatening dispossession. The pleadings and affidavit emphasize more about the first defendant's role. In these circumstances, the plaintiff is held entitled to a decree for permanent injunction, restraining the first defendant from dispossessing, or in any manner disturbing the plaintiff's possession, in respect of the portions of the suit property, which are under occupation by her, in the basement of C-180/A, Defence Colony, New Delhi.

16. The suit is decreed in the above terms. No costs.

I.A. Nos.3860/2008 & 3009/2009

No further orders are required to be passed in these applications in view of the

judgment passed today in suit. The applications are disposed of as such.

September 18, 2009                                                (S.RAVINDRA BHAT)
                                                                        JUDGE




CS(OS) 570/2009                                                                        Page 7