The main legal point established in the judgment is the determination of ownership and trust relationship among family members in a property dispute, based on the legal provisions of General Power of Attorney, Agreement to Sell, and the Registration Act.

RSA 399/2015

1. This RSA under Section 100 CPC, has been filed by the appellants/defendants impugning the judgment of the First Appellate Court dated 12th October, 2015 by which the judgment of the Trial Court has been reversed.

2. The learned Trial Court vide judgment dated 3rd July, 2015 has dismissed the suit for possession of the premises under the occupation and possession of the appellants/defendants in respect property bearing No. D-3/213, Morya Gali, Gali No.20, D-Block, IIIrd Pusta, Sonia Vihar, Delhi-110094, measuring 25 sq. yds.

3. As a result of the impugned judgment of the learned First Appellate Court, the suit of the respondent/plaintiff has been decreed.

4. The parties to this litigation are real brothers who came to Delhi from Bihar for earning their livelihood. They were engaged in petty jobs and started living in a rented accommodation. On the advice of their father they started searching for a small plot which could be acquired at a low price and that too payable in installments. Their search ended on locating a plot 25 sq. yds. bearing No. D-3/213, Morya Gali, Gali No.20, D-Block, IIIrd Pusta, Sonia Vihar, Delhi-110094, owned by M/s Saraswati Land and Housing Scheme for Rs.55,000. After paying the earnest money of Rs.5,000, the balance amount was paid in flexible installments spread over a period of ten months. The first floor consists of sheds and in possession of the appellant/defendant. Admittedly ten receipts issued by M/s Saraswati Land and Housing Scheme towards payment of plot, are in the name of Sh.Thakur Sah, father of the parties. On 28th April, 2003, the General Power was executed and registered in favour of the respondent/plaintiff. Other documents i.e. Agreement to Sell and Will are un-registered.

5. The question involved is whether mere execution of G.P.A. in favour of one brother i.e. of the respondent/plaintiff reduce the status of other brothers who, as evident from the record, had made substantial contribution in acquiring and constructing this small piece of plot, to be that of a licensee thereby entitling the younger brother who is holder of G.P.A. to seek possession by terming their possession to be that of a licensee or the respondent/plaintiff would be holding property in trust on behalf of his father and brothers when the G.P.A. and other documents (G.P.A. is registered and other documents are un-registered) were executed in his favour.

6. Civil Suit No.339/2010 was filed by Shri Nath against his elder brothers Kashi Nath Sah and Shiv Nath Sah impleading them as defendants No.1 & 2 and pleading as under:

(i) The plaintiff is lawful owner of built-up property consisting of ground floor & first floor bearing No.D-3/213, Morya Gali, Gali No.20, D-Block, III Pusta, Sonia Vihar, Delhi-110094, measuring 25 sq. yds.

(ii) He purchased the suit property on 28th April, 2003 for a valuable consideration i.e. Rs.55,000/- by virtue of a G.P.A., Agreement to Sell, Deed of WILL, Receipt.

(iii) On 1st May, 2003 he allowed the defendants who were his real brothers to live jointly on the first floor for a period of three years.

(iv) Since the defendants failed to vacate after three years, he served them with a legal notice dated 15th April, 2008. Again on 4th September, 2010 another notice was sent by her.

(v) Since both of them failed to vacate despite notice, he filed the civil suit seeking possession of the suit property as shown red in the site plan annexed with the plaint.

7. The suit was contested by both the defendants pleading as under:-

(i) After migrating from Bihar to earn their livelihood, all the brothers started living in a rented premises at 122/A, Ghondli Village, Krishna Nagar, Delhi-110051, under the tenancy of Sh.Brij Mohan.

(ii) As all the brothers started earning, their father suggested them to search for a plot which could be purchased on installment basis by them.

(iii) After so