Shri O P Gupta & Ors vs Shri Deepak Gupta & Ors
2019 Latest Caselaw 3786 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                 Reserved on : 8th August, 2019
                            Date of decision : 14th August, 2019
+                        CS (OS) 3416/2015
       SHRI O P GUPTA & ORS                                  ..... Plaintiffs
                         Through:     Mr. Aaditya Vijaykumar, Advocate
                                      (M-9717622082)

                         versus

     SHRI DEEPAK GUPTA & ORS                      ..... Defendants
                      Through: Mr. Saurabh Malhotra, Mr. Yatin
                               Chadha, Advocates for D-1
                               Mr. Abhijat & Mr. Arpit Kr. Singh,
                               Advocates for D-1, Mr. Neeraj K.
                               Gupta & Mr. Ranjeet Kumar Singh,
                               Advocates for D-2
                               Mr. A.K. Gandhi, Advocate for D-4
                               (M-9873146974)
     CORAM:
      JUSTICE PRATHIBA M. SINGH
                      JUDGMENT

Prathiba M. Singh, J.

I.A.10572/2018

1. There are three proceedings - namely CS (OS) 3416/2015, CS (OS) 613/2017& Test Case 44/2017 pending amongst the family members of Late Shri O. P. Gupta. He left behind his wife - Defendant No. 2- Mrs. Neelam Gupta, two daughters - namely Ms. Shefali Gupta- Defendant No. 3and Ms. Sophia Gupta, and a son Mr. Deepak Gupta- Defendant No. 1. One of the properties left behind by Late Shri O. P. Gupta is property bearing No.C-2/6, Safdarjung Development Area, New Delhi-110016. Status quo orders as to

title and possession in respect of the said property have already been passed vide order dated 30th July, 2019. The present application being I.A.10572/2018 has been moved by Defendant No.2 - Mrs. Neelam Gupta seeking permission for allowing the access to the unused servants' quarter.

2. Vide order dated 30th July, 2019, this Court had appointed a Local Commissioner. The said order reads as under:

" .....IA 10572/2018 (under Section 151 of the CPC) in CS (OS) 3416/2015.

22. This is an application by Smt. Neelam Gupta seeking access to the servant quarters on the first and second floor of the garage block for the purposes of occupation by her servants, or a lady care taker for her daily needs. Mr. Saurabh Malhotra, ld. counsel, submits that his mother has three servants' quarters in her possession. This position is disputed by Mr. Abhijat, ld. counsel. Accordingly, it is deemed appropriate to appoint a Local Commissioner.

23. Ms. Namrata Kapoor Sharma, Advocate (Registration No.:D785/2004; M:9810034036; Email: [email protected] ), who is present in court, is appointed as a Local Commissioner who will visit today itself to report on:

• The extent of construction in the suit property; • As to who is in occupation of which portions of the suit property' • As to how many servant quarters are there in the suit property; and • Who is in occupation of the various servant quarters;

Upon the report of the Commissioner being received, order on this application shall be passed on the next date.

24. The fee of the Local Commissioner is fixed at Rs.50,000/- to be paid by Mr. Deepak Gupta at this stage.

25. In the execution of such commission, the Local Commissioner is empowered to seek the assistance of the SHO of the area concerned, if required. The SHO of the concerned police station shall render all assistance if a request in that regard is made by the Local Commissioner. The Defendants are directed to cooperate with the Local Commissioner.

26. Representatives of the Plaintiff are permitted to accompany the Commissioner. Photographs may also be taken by the Local Commissioner. The Local Commissioner is to file the Report before 8th August, 2019. "

3. The report of the Local Commissioner has since been received. The property consisted of a basement, ground floor, first floor and second floor. As per the report of the Local Commissioner, above the garage, there are four servant quarters, one above the other. Each servant quarter measures approximately 225 sq. feet, and has an attached bathroom. The first servant quarter, which is right above the garage, is in possession of Mr. Deepak Gupta. According to the Local Commissioner, this servant quarter is being used by Mr. Deepak Gupta's house help and driver. The second servant quarter is also in possession of Mr. Deepak Gupta and is purportedly used by his cook. However, the light outside this servant quarter was not working and there was no ceiling fan. The air conditioner was also not working. The cupboard was empty, and the room was dirty.

4. The third servant quarter was in possession of the mother - Smt. Neelam Gupta. The space/room meant for the fourth servant quarter was not in effect a servant quarter, and had been integrated with the mother's bed room, and the same was being used as pooja/meditation room by her. The extract of the Local Commissioner's report is set out herein below:

"5. There is a garage within the Premises where all

the servant quarters are located. There are 4 landings in the garage block and each servant quarter admeasures approximately 225 sq ft along with an attached bathroom.

A. On landing 1, the servant quarter is in the possession of Defendant No.1. I was informed by Defendant Mo.1's helper (Mithilesh) that he along with Defendant No.1's driver (Ratan) use the said quarter. I was further informed by Defendant No.1 that the driver is on leave and should be back anytime soon and that he uses the quarter during the day and in the night only when he is required on duty since, he is not as a 24 hr helper/servant unlike Mithilesh. There was a cooler in the servant quarter. The driver has been working for Defendant No.1 for more than a year and the helper for nearly one month. Pictures of the servant quarter on landing 1 are annexed herewith and marked as Annexure 1.

B. On landing 2, the servant quarter is also in possession of Defendant No.1 in which, I was informed that Defendant No.1's cook (Ramu) stays who has been living with Defendant No.1 for more than 10 years. The light outside this servant quarter was not working and there was no ceiling fan. Upon enquiry, I was told that the fan was sent for repair a couple of days ago. The air conditioner was also not working. The cupboard was empty and the room was dirty. Pictures of the servant quarter on landing2 are annexed herewith and marked as Annexure 2.

C. On landing 3, the servant quarter is in possession of Defendant No.2 in which, I was informed by the Plaintiff No.3 that Defendant No.2's male cook (Bijay) stays who has been living with Defendant No.2 for less than one year. Pictures of the servant quarter on landing 3 are annexed herewith and marked as Annexure 3.

D. On landing 4, the SPACE/ROOM meant for the servant quarter is in the possession of Defendant No.2

and I was informed by Defendant No.1 and Plaintiff No.3 that the same had been locked from inside. I was then taken inside Defendant No.2's house to understand how the space had been utilized. The space that was meant for the servant quarter on landing 4 had been merged into Defendant No.2's bed room to make an extended room, which space Defendant No.2 currently uses as her "Pooja/Meditation" room. Pictures of the space meant for the servant quarter on landing 4 are annexed herewith and marked as Annexure 4."

5. A perusal of the Local Commissioner's report, and the photographs attached thereto shows that in the building above the garage, there are only three rooms, which can be used as servant quarters. The mother - Mrs. Neelam Gupta lives with her second daughter, Ms. Shefali Gupta. Ms. Sophia Gupta has already made a statement that she does not wish to be arrayed as a party in these proceedings in any capacity. Thus, there are three servant quarters - two are in the possession of Mr. Deepak Gupta and only one is in the possession of Mrs. Neelam Gupta and Mrs. Shefali Gupta. The room being used as a meditation/puja room cannot be counted as a servant quarter as it is integrated into the mother's bedroom.

6. Mr. Abhijat, ld. counsel appearing for the mother submits that the two ladies need a lady caretaker who cannot stay with the male servants. She needs a separate quarter. Mr. Deepak Gupta has two quarters in his possession one of them being currently not in use. Mr. Amit Sibal, ld. Senior Advocate has vehemently opposed the giving of one of the servant quarters to the mother on the ground that the son's family has three members but they have only two servant quarters.

7. The parties were present in court and were asked to sort out the issues

by themselves by talking to each other. However, after the matter was passed over, it was clear that no amicable resolution was possible. The purpose for which the present application has been moved is that the mother, Smt. Neelam Gupta needs a lady caretaker, who needs a separate servant quarter. From the Local Commissioner's report it is clear that one of the servant quarters, which is in possession of Mr. Deepak Gupta, is clearly not in use, as there was no light or fan. There is no one occupying the said quarter. Since there are three claimants to the servant quarters i.e. the mother, brother and sister, it is equitable that each of them is provided with one servant quarter. The mother and sister are living together and need a lady caretaker, who cannot live with the other male servants. Accordingly, it is directed that the servant quarter on the second landing, which is lying unused shall be used by Smt. Neelam Gupta and her daughter Mrs. Shefali Gupta for their lady caretaker.

8. Mr. Deepak Gupta is, accordingly, directed to hand over the keys of the said servant quarter within two days. Mr. Deepak Gupta is also directed not to create any impediment or obstruction in the peaceful enjoyment and possession of the said servant quarter by his mother and sister. Ordered accordingly.

9. I.A. is disposed of in the above terms.

PRATHIBA M. SINGH, J.

JUDGE AUGUST 14, 2019/dk