Mrs. Harinder Dewan vs Shri Ravi Dewan
2011 Latest Caselaw 4970 Del

         THE HIGH COURT OF DELHI AT NEW DELHI

%                     Judgment Pronounced on: 10.10.2011

+ CS(OS) No.1586/2005


Mrs. Harinder Dewan                      ..... Plaintiff
                Through: Mr. Daviel Mashew, Advocate

                      versus

Shri Ravi Dewan                                 ..... Defendant
                      Through: Mr. Daljinder Singh, Advocate

CORAM:-
HON'BLE MR JUSTICE V.K. JAIN

1. Whether Reporters of local papers may
   be allowed to see the judgment?                         No.

2. To be referred to the Reporter or not?                   No.

3. Whether the judgment should be reported                  No.
   in Digest?

V.K. JAIN, J. (ORAL)

1. This is a suit for permanent and mandatory

injunction. The plaintiff is the wife of the defendant, they

having got married on 24 th January, 1975. It is alleged that

on 13th April, 2003, the plaintiff had to leave for USA to

attend the funeral of her mother. When she returned to

India in July, 2003 she was not allowed to enter the

matrimonial house of the parties.

It is alleged that a three-bed room apartment

bearing No. C-101, Vasundhara Apartments, Dwarka, New

Delhi was purchased by the defendant in the name of the

plaintiff and for her benefit. The defendant also purchased

a double storey house bearing H.No.670, Ajit Singh Nagar,

Mohali Phase-II, Punjab in the joint name of the parties and

has let out the ground floor of the aforesaid house at the

monthly rent of Rs.15,000/-. The flat bearing C-101,

Vasundhara Apartments, Dwarka, New Delhi as well as

H.No.670, Ajit Singh Nagar, Mohali Phase-II, Punjab are

stated to be in the possession and control of defendant

along with the documents of ownership of these properties.

The plaintiff has sought a) mandatory injunction

directing the defendant to hand over half of the monthly

rent received from H.No.670, Ajit Singh Nagar, Mohali

Phase-II, Punjab to her, b) mandatory injunction directing

the defendant to hand over documents of the property at C-

101, Vasundhara Apartments, Dwarka, New Delhi and

H.No.670, Ajit Singh Nagar, Mohali Phase-II, Punjab to her,

c) permanent injunction restraining the defendant from

preventing her from entering the matrimonial house i.e. C-

550 Defence Colony New Delhi and having free access to her

son Saurabh at the matrimonial home, d) permanent

injunction restraining the defendant from preventing her

from entering her office at L-4, Connaught Place Lodge near

Nirulas Hotel, New delhi, e) permanent injunction

restraining the defendant from preventing the plaintiff from

entering her properties at C-101, Vasundhara Apartments,

Dwarka, New Delhi and H.No.670, Ajit Singh Nagar, Mohali

Phase-II, Punjab, f) mandatory injunction directing the

defendant to allow her to reside at E-55, Greater Kailash,

Part-I, New Delhi, g) mandatory injunction directing the

defendant to render the accounts for the property sold at

Mehrauli and h) mandatory injunction directing the

defendant to render true accounts and disclose all his

assets so as to enable the plaintiff to assert her rights to the

same.

2. The defendant filed Written Statement contesting

the suit. He admitted his marriage to the plaintiff but

denied the allegations made in the plaint against him.

Regarding C-101, Vasundhara Apartments, Dwarka, New

Delhi, it is alleged that this flat was purchased by the

defendant from his own funds and for his own benefit and

the plaintiff has nothing to do with the said house. As

regards, house at Mohali i.e. H.No.670, Ajit Singh Nagar,

Mohali Phase-II, Punjab, it is alleged that it was purchased

by the defendant from his own funds in the joint names of

the parties. According to the defendant, he is realizing rent

of Rs.12,000/- p.m. from Mohali house which is being

utilized for upkeep and maintenance of the house.

Regarding property at L-4, Connaught Place, New Delhi, it is

alleged that the plaintiff has no right in the aforesaid

property which belongs to the defendant. The defendant

has denied owning apartment at E-55, Greater Kailash Part

I New Delhi and it has been alleged that the said property

was sold about 06 years back.

3. The following issues were framed on the pleadings

of the parties:

1) Whether the house at 670, Ajit Singh Nagar, Mohali (Punjab) and flat C-101, Vasundhara Apartments, Dwarka, New Delhi were acquired exclusively out of the funds of the defendant? If so, its effect? - OPP

2) Whether the plaintiff is entitled to rendition of account of incomes derived from the said two properties and, if so, the period thereof? - OPP

3) Whether the matrimonial home of the plaintiff was C- 550, First Floor, Defence Colony, New Delhi? - OPP

4) If Issue No.3 is answered in favour of the plaintiff,

whether the plaintiff is entitled to access to the said matrimonial home? - OPP

5) Whether the plaintiff has paid requisite court fees on the plaint? - OPP

6) Relief.

4. As regards, C-101, Vasundhara Apartments,

Dwarka, New Delhi, the plaintiff has admitted in her cross

examination dated 12th January, 2009 that the aforesaid

flat was purchased by the defendant from his own funds.

Admittedly, the documents of title of the aforesaid flat stand

in the name of the defendant. Since, neither the

consideration for purchase of C-101, Vasundhara

Apartments, Dwarka, New Delhi was paid by the plaintiff

nor does the property stand in her name, she has absolutely

no right, title or interest in the aforesaid property and

therefore cannot claim any right to enter the aforesaid

property. She is also not entitled to documents of title of

the property bearing No. C-101, Vasundhara Apartments,

Dwarka, New Delhi, which belongs exclusively to the

defendant and stand in his name.

Regarding H.No.670, Ajit Singh Nagar Mohali

Phase-II, Punjab, the plaintiff has admitted in her cross

examination that even the aforesaid house was purchased

by the defendant though in the joint name of the parties

and the sale consideration was also paid by him. However,

in his cross examination, the defendant, Shri Ravi Dewan,

who is present in the Court has admitted that he had

purchased the aforesaid property for the benefit of the

plaintiff and she is entitled to 50% of the rental income from

the aforesaid property after excluding the expenses incurred

on the property. The defendant states that he has no

objection to pay half of the rental income from H.No.670,

Ajit Singh Nagar Mohali Phase-II, Punjab to the plaintiff

after deducting the expenditure incurred by him on its

upkeep and maintenance. Since the defendant is willing to

give half of the rental income from the aforesaid house to

the plaintiff after deducting the expenditure incurred on its

upkeep and maintenance, the plaintiff is entitled to a decree

of rendition of accounts with respect to the rental income

earned by the defendant from H.No.670, Ajit Singh Nagar

Mohali Phase-II, Punjab. It has been agreed today in the

Court between the parties that the account will be rendered

with respect to rental income derived by the defendant w.e.f.

1st August, 2003. The issues are decided accordingly.

5. The defendant admittedly was residing in

Basement Floor of C-550, Defence Colony, New Delhi when

the suit was filed. The defendant, who is present in the

Court states that he has absolutely no objection to the

plaintiff coming and living in this house at any point of time,

she desires. He further states he will not prevent the

plaintiff from entering the aforesaid house so long as she is

his wife. It is accordingly held that H.No.C-550, Basement

Floor, Defence Colony, New Delhi is the matrimonial house

of the plaintiff and she is entitled to live in that house so

long as she is the wife of the defendant and defendant

continues to live in that house.

The issues are decided accordingly.

Issue No.5

The issue is not pressed. The issue is accordingly

deleted.

Issue No.6

6. In view of my findings on the other issues, the

plaintiff is entitled to rendition of accounts with respect to

rental income derived by the defendant from H.No.670, Ajit

Singh Nagar Mohali Phase-II, Punjab w.e.f. 1st August, 2003

and she is also entitled to injunction restraining the

defendant from preventing her from entering H.No. C-550,

Basement Floor, Defence Colony, New Delhi so long as the

defendant continues to live in that house, which is stated to

be a rented accommodation.

The issue is decided accordingly.

ORDER

In view of my findings on the issues, a preliminary

decree for rendition of accounts of the rental income derived

by the defendant from H.No.670, Ajit Singh Nagar Mohali

Phase-II, Punjab w.e.f. 1st August, 2003 is hereby passed in

favour of the plaintiff and against the defendant. The

plaintiff will be entitled to half of the net rental income

which would mean - half of the amount that remained with

the defendant after deducting the expenditure incurred by

him on the upkeep and maintenance of the house. The

defendant is also restrained from preventing the plaintiff

from entering C-550, Basement Floor, Defence Colony, New

Delhi, so long as he continues to reside in that house. The

defendant is also restrained from preventing the plaintiff

from entering H.No.670, Ajit Singh Nagar, Mohali Phase-II,

Punjab which property stands in the joint names of the

parties. The defendant who is present in the Court states

that he will file a Statement of Account supported by his

affidavit, disclosing therein the gross income derived by him

from H.No.670, Ajit Singh Nagar, Mohali Phase-II, Punjab,

the expenditure incurred by him on upkeep and

maintenance of the aforesaid house and the balance

amount which remained with him as net rental income from

1st August, 2003 onwards. The aforesaid affidavit along

with necessary documents in support thereof be filed within

08 weeks from today with a copy to the Plaintiff. On filing of

the aforesaid affidavit, containing accounts of the income

derived by the defendant from H.No.670, Ajit Singh Nagar,

Mohali Phase-II, Punjab the plaintiff will be entitled to apply

for passing of a final decree for payment of the amount

which is found due to her. In the facts and circumstances

of the case, there shall be no order as to costs.

Decree sheet be drawn accordingly.

(V.K. JAIN) JUDGE OCTOBER 10, 2011 vn