Harmit Singh vs S Dalip Singh & Ors
2012 Latest Caselaw 3409 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Date of Judgment:21.05.2012

+ CM(M) 1546/2007, CM No. 16272/2007 & Rev. Pet. No. 327/2012


      HARMIT SINGH                                         ..... Petitioner
                                Through    Petitioner in person.

                       versus


      S.DALIP SINGH & ORS.                          ..... Respondent
                     Through               Mr. R.S. Sahni, Adv.



      CORAM:
      HON'BLE MS. JUSTICE INDERMEET KAUR


INDERMEET KAUR, J. (Oral)

1 This is an unfortunate disputed between a father and a son. The

petitioner before this Court is Harmit Singh who is the son of the

respondent Dalip Singh. The petitioner is aggrieved by the finding

returned on his application 151 of the Code of Civil Procedure

(hereinafter referred to as the 'Code') which had been dismissed.

2 Record shows that the present suit has been filed by the father

Dalip Singh for possession and recovery of damages; he claims himself

to be the owner of the property bearing No. 2429, Tilak Street,

Paharganj, New Delhi. Contention is that his son has become arrogant

and disrespectful towards him; the petitioner is in unauthorized

possession of one room and courtyard on the ground floor (as depicted

in red colour in the site plan); possession of the aforenoted premises as

also damages @ Rs.1,500/- per month has been claimed.

3 Record shows that in the course of the proceedings, on

05.12.2005, last opportunity had been granted to the defendant/son to

complete his evidence; no evidence was produced thereafter; the

evidence only Jaskirat Singh was on record. On 14.08.2006, the

evidence of the defendant stood closed. Vide the aforenoted application

151, the petitioner has sought permission of the Court to produce his

remaining evidence.

4 The list of witnesses filed in the trial Court has been placed on

record.

5 Keeping in view the arguments urged as also the fact that this is a

litigation between close family members, in the interest of justice, one

last opportunity is granted to the defendant to produce his witnesses. On

a specific query put to the petitioner, he has stated that two witnesses

have already been examined; his list of witnesses 26.03.2002 has also

been perused. Only two more witnesses will be permitted to be

examined by the defendant which will be as per the choice of the

defendant; however no unnecessary adjournment shall be granted for the

said purpose and since the case is very old, the petitioner shall be

granted one more date after the next date already fixed in the trial Court

(26.05.2012) to adduce his evidence. This order is passed subject to

payment of costs of Rs.5,000/- and the trial court shall also endevour to

dispose of the case as expeditiously as possible.

6 With these directions, petition disposed of.

                                              INDERMEET KAUR, J
MAY       21, 2012
A