Delhi District Court
Sheela Rani vs The State I.E Government Of National on 2 January, 2016
CS No. 158/15 1 02.01.2016
IN THE COURT OF Ms. KIRAN GUPTA, SENIOR CIVIL JUDGE
CUMRENT CONTROLLER, NEW DELHI DISTRICT, PATIALA
HOUSE COURTS, NEW DELHI
CS No. 158/15
Unique ID No. 02403C0077872015
1. Sheela Rani
W/o. Krishan Dass
2. Yogesh
S/o. Krishan Dass
Both R/o.
A17, Block A,
DDA Flats Bindapur,
New Delhi - 110059
3. Sumita
D/o. Krishan Dass
House no. 14/10, TypeI,
Railway Colony, Sarojini Nagar,
New Delhi
...... Plaintiffs
Versus
1. The State i.e Government of National
Capital Territory of Delhi
Sheela Rani & Ors. Vs. The State & Ors. Page 1 of 10
CS No. 158/15 2 02.01.2016
Through its Chief Secretary,
Delhi Secretariat
I P Estate,
New Delhi - 110002
2. New Delhi Municipal Corporation
Through its Chairperson
Palika Kendra
Parliament Street
New Delhi 110001
3. SHO
Chanakyapuri Police Station,
New Delhi
..... Defendants
Date of institution : 05.05.2015
Date of conclusion of final arguments: 02.01.2016
Date of judgment : 02.01.2016
J U D G M E N T
1. Present suit is for declaration, declaring that the husband of plaintiff no. 1 namely Sh. Krishan Dass son of Sh. Chet Ram is 'Dead' Sheela Rani & Ors. Vs. The State & Ors. Page 2 of 10 CS No. 158/15 3 02.01.2016 and his place of death is Railway Colony, Sardar Patel Marg, New Delhi.
2 Case of plaintiffs is that Sh. Krishan Dass , husband of plaintiff no. 1 and father of plaintiff no. 2 and 3 , who was working as Senior Attendant in Gas Authority of India Ltd. left his house 16A, Railway Colony, Sardar Patel Marg, New Delhi (his last known address) on 21.05.2002 without informing anybody in the family and never returned home thereafter. Plaintiffs tried their best to trace him , however, he has not been found till date. After waiting for a reasonable time, on 28.05.2002, they informed the local police station ie. Chanakya Puri Police station where DD No. 14 A dt. 28.05.2002 was entered on the complaint of plaintiff no. 2. Even present suit has been filed by plaintiff no. 2, who had been duly authorized by plaintiff no. 1 and 3 in this regard.
2.1 When despite various searches and several followups, whereabouts of Sh. Krishan Dass could not be traced, plaintiffs through SHO Chanakya Puri, Police Station on 09.01.2003, made public notice of the fact that Sh. Krishan Dass was missing in Sheela Rani & Ors. Vs. The State & Ors. Page 3 of 10 CS No. 158/15 4 02.01.2016 Punjab Kesri Newspaper, a Hindi daily having vide and large circulation . Inadvertently in the said public notice, date of missing is mentioned as 18.05.2002 instead of 21.05.2003. Thereafter, plaintiffs received untraced report on 30.06.2009, from the office of SHO Chanakya Puri, Police Station.
2.2 It is stated that more than seven years have elapsed since the date of missing of Sh. Krishan Dass but neither the plaintiffs, nor police could gather any information about his whereabouts. Sh. Krishan Dass has not been seen or heard of after 21.05.2002 for a continuous period of 11 ½ years by any person who would have naturally seen and heard of him, if he had been alive. It is stated that since Sh. Krishan Dass is not heard for the last more than seven years, his death certificate is necessary for the plaintiffs so that they can submit it to his employer ie GAIL and avail the retirement benefits. The death certificate would further enable them to get the property standing in the name of Sh. Krishan Dass mutated in their name as per relevant municipal laws. One similar suit was earlier filed however, the same was withdrawn with liberty to file it afresh as per law on 12.11.2014 in suit no. 104/13. It is Sheela Rani & Ors. Vs. The State & Ors. Page 4 of 10 CS No. 158/15 5 02.01.2016 prayed that decree of declaration be passed declaring that husband of plaintiff no. 1 namely Sh. Krishan Dass Son of Sh. Chet Ram is dead as on the date of filing of the suit and his place of death is Railway Colony, Sardar Patel Marg, New Delhi . It is further prayed that a decree of mandatory injunction be passed against NDMC directing it to issue the necessary death certificate so that plaintiffs can claim the retirement benefits of Mr. Krishan Dass from his employer GAIL.
3 The suit was initially filed against three defendants, however only defendant no. 1 and 2 have been summoned in the present matter. Defendant no. 1 has filed one verification report in the form of written statement in respect of Sh. Krishan Dass R/o. A17, Block A, DDA Flats , Binda Pur, New Delhi 59. In the said report , it is stated that after a local inquiry, it has been found that Sh. Krishan Dass who was working in GAIL and residing at 16A, Railway Colony, SP Marg, New Delhi is missing for more than seven years. The said fact has been confirmed from the local witnesses and available records ie. DD No. 14 A dt. 28.05.2002, PS Chanakya Puri, New Delhi. The report is accompanied with the statement of Sheela Rani & Ors. Vs. The State & Ors. Page 5 of 10 CS No. 158/15 6 02.01.2016 one witness Sh. Mangal Ram.
4 In the written statement filed on behalf of defendant no. 2 NDMC, it has not disputed any of the averments made by the plaintiffs in the plaint. It is stated that according to Registration of Birth and Death Act 1969, registration of death of missing person can only be recorded based on the information provided by the court order regarding the date and place of death of the missing person.
5 No replication has been filed by the plaintiffs to the written statement of defendant no. 1 and 2. On the basis of pleadings, following issues were settled vide order dt. 11.12.2015
1. Whether plaintiff(s) is entitled for decree of declaration as prayed for ? OPP
2. Whether plaintiff(s) is entitled for decree of mandatory injunction as prayed for ? OPP
3. Relief.
Sheela Rani & Ors. Vs. The State & Ors. Page 6 of 10CS No. 158/15 7 02.01.2016 6 Plaintiffs in order to prove their case have examined
plaintiff no. 2 Sh. Yogesh as PW 1, who has tendered his evidence by way of affidavit Ex. PW 1/A and has relied upon following documents:
a) Authority Letter executed by plaintiff no. 1 & 3 in my favor under Order I Rule 12 CPC is Ex. PW1/1.
b) Copy of complaint dated 28.05.2002, DD No. 14A is Ex. PW1/2 (Certified copy seen and returned).
c) Copy of public notice published in Punjab Kesari dated 09.01.2003 is Ex. PW1/3 (OSR).
d) Copy of untraced report dated 30.06.2009 is Ex. PW1/4 (OSR).
e) Copy of online application form for death certificate is Ex.
PW1/5.
f) Copy of FAQ on registration of Births and Deaths is Ex. PW1/6.
g) Copy of letter dated 07.09.2000 is Ex. PW1/7.
h) Copy of order dated 12.11.2014 in Suit no. 104/2013 is Mark PW1/8.
i) Plaint dated 02.05.2015 is Ex. PW1/9.
7 No evidence has been led by defendant no. 1 and 2.
Sheela Rani & Ors. Vs. The State & Ors. Page 7 of 10CS No. 158/15 8 02.01.2016 Heard arguments on behalf of Ld. counsel for plaintiff and representatives appearing on behalf of defendant no. 1 and 2.
8 The onus to prove both the issues is on the plaintiffs. The relief sought by the plaintiffs is the declaration of civil death of Sh. Krishan Dass, who went missing on 21.05.2002. Section 34 of the Specific Relief Act sanctions only a declaration that a person is entitled to a specific legal character or to any right as to property. In order to obtain the relief of declaration, plaintiff has to establish that defendant has denied or is interested in denying the character or title of the plaintiff. In the present matter, plaintiffs have categorically stated that they have been deprived of the benefits of Sh. Krishan Dass who was the employee of Gas Authority of India Ltd., which would be availed by them on getting the death certificate. The declaration sought herein is essentially in the nature of establishing the legal character of Sh. Krishan Dass, husband of plaintiff no. 1 as dead so as to enable her to receive benefits under various schemes. PW 1 has proved the DD No. 14 A dt. 28.05.2002 Ex. PW 1/2 and the copy of public notice published in Punjab Kesri dt. 09.01.2003 Ex. PW 1/3, that Sh. Krishan Dass went Sheela Rani & Ors. Vs. The State & Ors. Page 8 of 10 CS No. 158/15 9 02.01.2016 missing on 21.05.2002. The copy of untraced report dt. 30.06.2009 is Ex. PW 1/4 . Even defendant no. 1 has filed the verification report alongwith the testimony of one witness verifying the factum of missing of Sh. Krishan Dass since 21.05.2002, who was working in GAIL and residing at 16 A, Railway Colony, SP Marg, New Delhi.
9 Once the plaintiffs have made out a case for declaration, the presumption u/s. 108 of Indian Evidence Act can be drawn only if, requirement that person has not been heard of since last seven years or more before date of filing of suit is established. In the present matter, plaintiffs have discharged their onus that Sh. Krishan Dass is missing since 21.05.2002. The onus to prove that Sh. Krishan Dass is not dead was on defendants in view of section 108 of Indian Evidence Act, however no evidence has been led on behalf of defendants. Therefore, presumption U/s. 108 of Indian Evidence Act has remained unrebutted and unchallenged.
10 On the basis of evidence led by plaintiffs and presumption drawn under section 108 of Indian Evidence Act, the plaintiffs have successfully made out a case of declaration that Sh.
Sheela Rani & Ors. Vs. The State & Ors. Page 9 of 10CS No. 158/15 10 02.01.2016 Krishan Dass, who has not been heard and seen since last more than seven years be declared as dead. Accordingly, issue no. 2 and 3 are decided in favour of plaintiffs and against defendants.
Relief 11 It is hereby declared that Sh. Krishan Dass S/o. Sh. Chet Ram who was working with GAIL, R/o. 16/A, Railway colony, SP Marg, New Delhi is dead. The declaration of civil death of Sh. Krishan Dass, husband of plaintiff no. 1 shall be effective from the date of filing of the suit i.e 05.05.2015 in the light of judgment of Narbada Vs. Ram Dayal, AIR 1968, Rajasthan 48. Further the relief of mandatory injunction is also allowed and defendant no. 2 is directed to register the death entry of Sh. Krishan Dass S/o. Late Sh. Chet Ram in its records and issue his death certificate to plaintiffs as per rules. No order as to costs.
Decree sheet be prepared accordingly. File be consigned to record room.
ANNOUNCED IN OPEN ( KIRAN GUPTA )
COURT ON 02.01.2016 SCJCUMRENT CONTROLLER
PATIALA HOUSE COURTS
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CS No. 158/15 11 02.01.2016
NEW DELHI
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