Delhi District Court
Smt. Prem Nair vs State Government Of N.C. T. Of Delhi on 13 February, 2013
In the Court of Dr. Rakesh Kumar : Additional Senior Civil
Judge of Central Delhi District at Tis Hazari Courts, Delhi
Suit No. 12/2012
Unique ID No : 02401C0024562012
In the matter of :
Smt. Prem Nair,
Wife of P. N. Nair
Resident of C126, Raju Park,
Devil Road, Khanpur,
New Delhi110062 ......Plaintiff
V E R S U S
1. State Government of N.C. T. of Delhi
Through its Principal Secretary
New Secretariat, I. P. Estate,
New Delhi.
2. The S. H. O.
P. S. Naib Sarai,
Delhi.
3. The Principal
Miranda House College
Delhi University, Delhi110007
......Defendants
Date of institution : 17.01.2012
Reserved for Judgment : 05.02.2013
Date of decision : 13.02.2013
Suit for Declaration and Permanent Injunction
CS No: 12/2012 Page 1 of 7
J U D G M E N T
1. This is a suit for declaration and permanent injunction to declare P. N. Nair S/o late Pappan Nair R/o C126, Raju Park, Devli Road, Khanpur, New Delhi110062 as dead and for restraining the defendant no. 3 and their agents, employees etc. not to release the pension amount which is pending in the office of the defendant no. 3.
2. Facts are that the plaintiff is legally wedded wife of P. N. Nair who is missing since 22.04.1998 when he had gone to get his pension from the concerned office Miranda House, Delhi, but he did not return from the office; that the plaintiff inquired from her relatives, namely, Smt. Sethee Amma who is residing at Ambuja Layam, Kodam Kurth, Chearthalalla, District Alleppey, Kerala but no satisfactory answer was given by her; that the plaintiff made a written complaint with the concerned office/defendant no. 3 on 08.07.2005; that the said missing person i.e. P. N. Nair left behind his legal heirs i.e. Smt. Prem Nair, the plaintiff herself, Smt. Parsanna (daughter), Ms. Geeta (daughter), Umesh Kumar ( son), Shiv Kumar ( son) and Nand Kumar Nair, so the death certificate is necessary for various formalities; that the plaintiff filed a Succession Suit no. 535/2006 on 25.10.2005 regarding the pension of missing person who is get Rs.2200/per month from the defendant no.
CS No: 12/2012 Page 2 of 73; that the defendant no. 3 filed the dues of pension of P. N. Nair pension 1640 Commutation 177, P. A. C. 1463 Rs. 2,41,701/ till 23.10.2007, the remaining balance pension also lying with the office of the defendant no. 3 and hence the present suit.
3. The defendants no. 1 and 2 failed to appear in the court and they were proceeded as exparte vide order dated 11.04.2012.
4. The defendant no. 3 contested the present suit by filing a written statement of her defence wherein she took the preliminary objections to the effect that the present suit is time barred; that there are two claimants in the present suits, i.e. the plaintiff and Smt. Sathee who is claiming to be the wife of the late P. N. Nair vide marriage certificate dated 07.04.1991; that the present suit is bad for nonjoinder.
5. In reply on merits, it is contended that one Smt. Sathee is also the wife of P. N. Nair vide Marriage Certificate dated 07.04.1991; that the proof of marriage is not filed by the plaintiff; that the seven years of missing of P. N. Nair lapsed in the year 2005 and the present suit has been filed in the year 2012 as such the present suit is liable to be dismissed; that the CS No: 12/2012 Page 3 of 7 plaintiff has concealed the fact that Smt. Sathee Amma had married to P. N. Nair on 07.04.1991. Other allegations of the plaint have been denied and disputed by the defendant no 3 and prayed for dismissal of suit.
6. From the pleadings of the parties, following issues were framed by learned Predecessor of this court on 11.04.2012 for trial, namely: 1 Whether the plaintiff is entitled for relief of declaration? OPP 2 Whether the plaintiff is entitled for relief of injunction? OPP 3 Relief
7. The plaintiff has got examined herself as PW1. During her evidence, PW1 also produced the documents Ex.PW1/A to Ex. PW1/C.
8. The defendant no. 3 did not lead any evidence.
9. I have heard counsel for the plaintiff and the defendant no. 3 and perused the material available on record.
10. My issue wise findings are as follows: CS No: 12/2012 Page 4 of 7 Issue Nos. 1 and 2 Whether the plaintiff is entitled for relief of declaration? Whether the plaintiff is entitled for relief of injunction?
11. Onus qua issues no. 1 and 2 was placed on the plaintiff. These issues are taken together being interconnected.
12. To prove her case, it is stated by PW1 Smt. Prem Nair in her affidavit that she is legally wedded wife of P. N. Nair who is missing since 22.04.1998 when he had gone to get his pension from the concerned office Miranda House, Delhi, but he did not return from the office. It is further stated that the plaintiff inquired from her relatives, namely, Smt. Sethee Amma who is residing at Ambuja Layam, Kodam Kurth, Chearthalalla, District Alleppey, Kerala but no satisfactory answer was given by the relatives. It is further stated that the plaintiff made a written complaint with the concerned office/defendant no. 3 on 08.07.2005. It is further stated that the said missing person i.e. P. N. Nair left behind his legal heirs i.e. Smt. Prem Nair, the plaintiff herself, Smt. Parsanna (daughter), Ms. Geeta (daughter), Umesh Kumar ( son), Shiv Kumar (son) and Nand Kumar Nair, so the death certificate is necessary for various formalities. It is further stated that the plaintiff filed a Succession Suit no. 535/2006 on 25.10.2005 regarding the pension of missing person who is get Rs.2200/per month CS No: 12/2012 Page 5 of 7 from the defendant no. 3. It is further stated that the defendant no. 3 filed the dues of pension of P. N. Nair pension 1640 Commutation 177, P. A. C. 1463 Rs.2,41,701/ till 23.10.2007, the remaining balance pension also lying with the office of the defendant no. 3
13. In the light of the evidence of the plaintiff, the plaintiff has proved her case. No material contradiction came during crossexamination of the plaintiff. The husband of the plaintiff, P.N. Nair has been missing since 22.04.1998 and more than seven years time has already been elapsed. The defendant has not placed on record any material document to disprove the case of the plaintiff.
14. For the discussions aforestated, these issues are decided in favour of the plaintiff and against the defendants.
Relief
15. In view of my findings on issues no. 1 and 2, the suit of the plaintiff is decreed. P. N. Nair S/o late Pappan Nair R/o C126, Raju Park, Devli Road, Khanpur, New Delhi110062 who is missing since 22.04.1998 is declared as dead.
CS No: 12/2012 Page 6 of 716. Second relief sought by the plaintiff is for permanent injunction for restraining the defendant no. 3 and their agents from releasing the pension amount which is pending in the office of the defendant no.3 till the pendency of the present suit. It is the case of the plaintiff herself that the defendant no. 3 filed the dues of pension of P.N. Nair of Rs.2,41,701/ till 23.10.2007 and the remaining balance pension is lying with the office of the defendant no.3. The defendant no. 3 has not denied these facts in her written statement and hence these facts are deemed to be admitted by the defendant no.3. During the course of final arguments also, it is admitted by counsel for the defendant no. 3 that dues of pension of P.N. Nair of Rs. 2,41,701/ till 23.10.2007 has been filed and the remaining balance pension is lying with the office of the defendant no.3. The remaining balance pension has not been released during the pendency of the present suit and hence this relief becomes satisfied.
17. Decree sheet be prepared accordingly.
Announced in the Open Court on 13.02.2013 (Dr. Rakesh Kumar) Additional Senior Civil Judge Central District: Tis Hazari Courts: Delhi CS No: 12/2012 Page 7 of 7