Delhi District Court
Cs No. 401/14 Bimla Devi vs . Sushil Kumar & Ors. on 17 July, 2015
CS No. 401/14 Bimla Devi Vs. Sushil Kumar & Ors.
IN THE COURT OF SH. NAVEEN ARORA
ADJ06: SOUTH DISTRICT: NEW DELHI
Suit No : 401/14
In the matter of :
Smt. Bimla Devi
W/o Sh. Mohar Singh
R/o GII23, J J Colony,
Madangir, New Delhi110062. ...................... Plaintiff
VS
1.Sh. Sushil Kumar S/o Sh. Mohar Singh R/o GII80, First Floor, J J Colony, Madangir, New Delhi110062.
2. Smt. Devi @ Pooja W/o Sh. Sushil Kumar R/o GII80, First Floor J J Colony, Madangir, New Delhi 110062 .....................Defendants Date of institution of Suit : 23.12.2014 Date on which order was reserved : 13.07.2015 Date of Judgment : 17.07.2015 SUIT FOR EVICTION, POSSESSION, PERMANENT INJUNCTION AND DAMAGES
1. As per the case of the plaintiff, she is the absolute and exclusive owner of the suit property bearing No. GII80, J J Colony, Madangir, New Delhi110062 constructed upto third floors and had purchased the same from Smt. Ram Kali W/o Sh. Bhagwan Das on 10.05.2013. That defendants are husband and wife and at their request, plaintiff and her husband allow them to reside at House No. GII23, J J Colony, Madangir, CS No. 401/14 Bimla Devi Vs. Sushil Kumar & Ors.
New Delhi110062. That when plaintiff purchased another house on 10.05.2013 i.e. House No. GII80, J J Colony, Madangir New Delhi110062, both defendants requested the plaintiff to allow them to reside in the said property and considering upon their need, the plaintiff allowed them to reside at the ground floor of property No. GII80, JJ Colony, Madangir, New Delhi110062 shown in red color in site plan, as permissive user/ Licensee,. That while residing at the said place both the defendants starting quarreling with each other and when plaintiff intervene, they abused and assaulted the plaintiff and her family members also and defendant No. 2 made false police complaint against her. That defendants have been using the electricity and water without paying for it, and when plaintiff requested them to pay the same, they abused her and quarreled with her and her family members. That when plaintiff requested the defendants to vacate her property, they threatened her to implicate her in false criminal cases. That when all efforts went in vain, the plaintiff and her husband disowned both the defendants from their moveable and immoveable properties on 30.07.2014 by way of publication in a daily newspaper. That plaintiff also got issued a legal notice dated 24.11.2014 to defendants through her counsel which was duly served upon them but the same was not complied, hence this suit.
2. Summons of the suit were issued and Counsel for defendant No.2 had appeared on 19.01.2015, but thereafter, no one appeared on behalf of defendants despite service and accordingly defendants were proceeded exparte on CS No. 401/14 Bimla Devi Vs. Sushil Kumar & Ors.
09.03.2015.
3. In exparte evidence, plaintiff filed her affidavit in her examination in chief reiterating the contents of the plaint and relied upon the following documents.
Sr. Document Ex. No.
No.
1 Affidavit of PW1 in evidence PW1/A
2 Copy of General Power of Attorney PW1/1
3 Copy of Agreement to Sell PW1/2
4 Copy of Affidavit PW1/3
5 Copy of Will PW1/4
6 Copy of possession letter PW1/5
7 Copy of receipt PW1/6
8 Original Electricity Bill in respect of property PW1/7
9 Site Plan PW1/8
10 Copy of newspaper PW1/9
11 Legal Notice PW1/10
12 Acknowledgment Card PW1/11
4. I have heard the arguments and perused the record, plaintiff has proved all the necessary documents to prove its case and her testimony remained unrebutted throughout and has not been challenged by the defendants despite the knowledge of proceedings of the present case and the defendant opted to stay out of the proceeding which raises the inference against them that they have no defence to the case of the plaintiff.
5. I do not see any reason to disbelieve the version of the plaintiff hence the suit of the plaintiff is decreed. The plaintiff is thus, entitled for decree of possession of the Ground Floor of the CS No. 401/14 Bimla Devi Vs. Sushil Kumar & Ors.
suit property bearing No. GII80, J. J. Colony, Madangir, New Delhi110062, consisting of one room, Lobby, One Kitchen, One Bathroom and Toilet as shown in the site plan, thereby restraining the defendants, their successors, their agents or representatives from selling, alienating or creating third party interest or transferring the above said suit property. Defendants are also restrained from using electricity from the meter installed in the suit property in the name of plaintiff.
6. Plaintiff is also entitled to recover the damages @ Rs. 4000/ per month as claimed from 01.01.2015 till handing over of the peaceful and vacant possession of the suit property by the defendants. Cost of the suit is also awarded in favour of plaintiff. Decree sheet be prepared accordingly. File be consigned to record room.
Announced in Open Court (NAVEEN ARORA)
on 17th July 2015 ADJ06: SOUTH: SAKET
NEW DELHI.