Delhi High Court
Sheela Devi And Ors vs Khajanchi Lal And Anr on 29 June, 2015
Author: Najmi Waziri
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 29.06.2015
+ CS(OS) 1304/2014
SHEELA DEVI AND ORS
..... Plaintiff
Through: Mr. Sonal Sinha, Adv.
versus
KHAJANCHI LAL AND ANR
..... Defendant
Through: None.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
1. This is a suit for possession, injunction and damages/mesne profits.
The following reliefs have been sought:-
"(a) a decree of possession directing the defendants to vacate and
handover to the plaintiffs vacant physical and peaceful possession of the suit
property i.e. built-up property bearing No.K-I-A/156, Gali No. 18, Sangam
Vihar, New Delhi-110062, measuring 60 sq. yds. comprising of 3 rooms and
one shop on the ground floor and one tin shad, one latrine, one bathroom
and open terrace on the first floor as shown in red colour in the site plan
annexed to the plaint as annexure A;
(b) a decree for recovery of Rs.1,80,000/- towards arrears of user
charges in favour of the plaintiffs and against the defendants;
(c) a decree of permanent injunction restraining the defendants and
their agents, attorneys, assigns, heirs and administrators etc. from creating
any third party rights and/or parting with possession of the suit property in
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favour of a third party."
2. The plaintiffs' case is that the suit property bearing No.K-I-A/156,
Gali No. 18, Sangam Vihar, New Delhi-110062, measuring 60 sq. yds.,
comprising of 3 rooms and one shop on the ground floor and one tin shade,
one latrine, one bathroom and open terrace on the first floor was earlier
owned by one Mr. Omkar Nagar, who was the husband of plaintiff No. 1.
He sold it to the present plaintiff No. 1 by virtue of sale-purchase documents
comprising of a General Power of Attorney (Ex. PW1/10), Agreement to
Sell (Ex. PW1/11), Affidavit (Ex.PW1/12), Possession Letter (Ex. PW1/13)
all dated 08.04.2009, Receipt dated 08.04.2009 (Ex. PW1/14) and a Will
dated 08.04.2009 (Ex. PW1/15).
3. The suit has been filed by the LRs of Mr. Omkar Nagar, i.e., his wife
and the children. It is their case that Mr. Nagar permitted the defendants
namely Mr. Khajanchi Lal who is his brother and his wife namely Mrs.
Kamlesh to reside, use and occupy the suit property as a licensee for a
monthly user charges of Rs.5,000/-. However, the latter have failed to pay
the user charges and hence, have no right or interest in the suit property in
the absence of payment of such user charges. They have been asked to
vacate the premises, but they have refused to do so. Conversely, they have
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sought to raise unauthorised construction on the first floor of the suit
property which resulted in police complaints made by the plaintiff on
01.03.2011 (Ex. PW1/16) and on 23.04.2014 Ex. PW1/17 with the SHO,
P.S. Sangam Vihar. By a legal notice dated 05.03.2014, the defendant's
license to use and occupy the suit premises was cancelled and they were
called upon to handover vacant physical possession of the suit property. The
same legal notice was sent once again on 22.03.2014 (Ex.PW1/18) which
too remained unheeded. The plaintiffs have sought damages/mesne profits
towards use and occupation charges from the defendant for the last three
years amounting to Rs.1,80,000/-.
4. The defendants have been proceeded ex-parte on 28.11.2014 since
they failed to appear despite due service of summons upon them.
5. The plaintiffs' evidence has been led through Smt. Sheela Devi
plaintiff No. 1. She has proved the site plan (Ex. PW1/1) and the documents
pertaining to her right and interest in the suit property which have been
marked as Ex. PW1/6, Ex PW1/7, Ex. PW1/8, Ex. PW1/9, Ex. PW1/16 and
Ex. PW1/17. Ex. PW1/2, Ex. PW1/3, Ex.PW1/4 and Ex. PW1/5 are marked
A to D being photocopies. The police complaints too have been proven by
her.
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6. There is no rebuttal of the plaintiffs' case by the defendants. In the
circumstances, there is no reason why the reliefs sought in the suit should
not be granted. The Court finds that the plaintiffs have made out a case for
the grant of the reliefs as prayed for in the suit. The suit is accordingly
decreed in terms of prayers (a), (b) and (c). Let a decree sheet be drawn up
accordingly.
7. The suit is disposed off in the above terms.
JUNE 29, 2015/acm NAJMI WAZIRI, J.
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