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2017 Supreme(Del) 562

IN THE HIGH COURT OF DELHI AT NEW DELHI
HIMA KOHLI, J.
SHWETA & ANR - Appellants
Versus
VIMAL KUMAR - Respondent
RFA 88 of 2017 & CM 3032 of 2017
Decided on : 16-02-2017

Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjay Sharma, Advocate

The burden of proof lies with the party asserting a fact, and in the absence of evidence to the contrary, ownership of property can be established through valid documentation.

Headnote:

Recovery Suit - Disputed Possession - Hindu Marriage Act, 1955 - Section 13 - Evidence Act, 1872 - Section 101, Section 102, Section 103, Section 114 - Transfer of Property Act, 1882 - Section 106, Section 107

Fact of the Case:

The respondent/plaintiff filed a suit for recovery of household articles and a car purchased after his marriage, which were taken away by the appellants/defendants without his consent. The trial court decreed the suit in part, allowing the claim for a sum of Rs.70,838/- towards the purchase price of electronic items and furniture.

Finding of the Court:

The trial court rejected the claims for the car and jewellery, but allowed the claim for electronic items and furniture based on original bills/invoices produced by the respondent/plaintiff. The appellate court sustained the judgment of the trial court, dismissing the appeal.

Issues: Disputed possession of household articles and car, ownership of the purchased items, validity of invoices and bills, burden of proof on the parties

Ratio Decidendi: The court relied on the principles of burden of proof under the Evidence Act, and ownership of property under the Transfer of Property Act to determine the validity of the claims. The respondent/plaintiff successfully proved ownership of the electronic items and furniture through original bills/invoices, shifting the burden of proof to the appellants/defendants, who failed to provide evidence to refute the ownership.

Final Decision: The appellate court sustained the judgment of the trial court, dismissing the appeal as meritless.

ORDER :

The appellants/defendants impugn the judgment and decree dated 18.10.2016 passed by the learned trial court in a suit for recovery instituted by the respondent/plaintiff (husband of the appellant No.1 and son-in-law of the appellant No.2).

2. The facts of the case lie in a narrow compass. The case of the respondent/plaintiff in the suit was that his marriage was solemnised with the appellant No.1/defendant No.1 on 25.4.2012 at Lucknow as per the Hindu rites and ceremony. After the marriage, the parties had shifted to Delhi and started residing in a tenanted premises at Rohini. Within a few months of their marriage, disputes and differences had arisen between the parties. From 14.7.2012, the respondent/plaintiff started residing separately from the appellant No.1/defendant No.1. On 5.8.2012, the respondent/plaintiff reached the tenanted premises at Rohini, Delhi for vacating the same since the lease deed in respect thereof was expiring on the same day. He requested the appellant No.1/defendant No.1 to vacate the premises, but she declined to do so and instead, called the police. A constable from the local police station arrived at the spot and recorded the statement of the appellant No.1/defendant No.1. A compromise was arrived at between the parties, and the respondent/plaintiff did not take any of the household articles from the flat including a Hundai I-20 car parked there. The respondent/plaintiff claimed that he had agreed to hand over possession of the household articles to the appellant No.1/defendant No.1 in the absence of any space to store the same.

3. It has been averred in the plaint that on the very next day i.e. on 06.8.2012, the appellant No.2/defendant No.2 (father-in-law of the respondent/plaintiff) and their relatives arrived in Delhi, contacted the respondent/plaintiff and threatened him with dire consequences. As a result, the respondent/plaintiff did not visit the flat on 6.8.2012. After two days, when he visited the flat on 8.8.2012, he was shocked to discover that all the household articles purchased by him from his own funds after the marriage, were taken away by the appellants/defendants, without his consent or permission. Claiming that the appellants/defendants had no right to remove the household articles from the tenanted premises particularly when they had been purchased from his own funds, the respondent/plaintiff served on them a legal notice dated 4.6.2014, but they did not give any response thereto.

4. In July, 2014, the respondent/plaintiff instituted a suit for recovery of Rs.7,17,109/-, against the appellants/defendants, the breakup whereof has been furnished in para 5 of the plaint and reproduced below:-

(a)

Gold Jewellery worth

Rs.2,00,000/-

(b)

Hundai I-20 car worth

Rs.3,92,500/-

(c)

Whirpool Refrigerator worth

Rs.11,509/-

(d)

Samsung LED 32” EH 500 worth

Rs.34,500/-

(e)

Videocon D2H HD worth

Rs.3,000/-

(f)

Dining table worth

Rs.2,800/-

(g)

Double Bed worth

Rs.15,000/-

(h)

Sleepwell Mattresses worth

Rs.9,000/-,

(i)

Dressing table worth

Rs.8,000/-

(j)

Desert cooler worth

Rs.9,000/-

(k)

Iron worth

Rs.500/-

(l)

Thermo Flask worth

Rs.800/-

(m)

2 Gas cylinders worth

Rs.4,000/-

(n)

Single bed wroth

Rs.1,500/-

(o)

Miscellaneous items worth

Rs.25,000/-

 

Total

Rs.7,17,109/-

5. The suit was contested by the appellants/defendants, who took a plea in their written statement that the respondent/plaintiff had abandoned his wife, the appellant No.1 without any rhyme and reason and his family members had been pressing her to bring more dowry articles and cash. It was alleged that the re













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