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2017 Supreme(Del) 2117

VIBHU BAKHRU
Sonny Sarna – Appellant
Versus
Urmil Wadhawan – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Mr. Rajesh Yadav, Mr. Dhananjay Mehlawat
For the Defendants : Mr. Abhimanyu Bhandari, Mr. Manmohan Gupta, Mr. Priyank Mohan, Mr. Ajay Pal Singh

JUDGMENT :

Vibhu Bakhru, J.

IA No. 16375 of 2013

1. This is an application filed by the plaintiffs under Order XII Rule 6 of the Code of Civil Procedure, 1908 (hereafter “the CPC”).

2. The plaintiffs have filed the above captioned suit for recovery of vacant possession of property bearing no.211, Jor Bagh, New Delhi - 110003 (hereafter “the suit property”) together with mesne profits for use and occupation of the first and second floor of the suit property (along with a garage on the ground floor) by defendant nos.1 and 2, Mrs. Urmil Wadhawan and Mr. Anuj Wadhawan. The relief sought is limited to defendant nos.1 and 2, the rest of the defendants being co-owners of the suit property (along with the plaintiffs), are arrayed as pro forma defendants.

3. The suit property was given on perpetual lease to Late Nand Singh Rekhi who built a 2-1/2 storied building thereon out of his own resources. Nand Singh Rekhi expired intestate on 27.07.1965. The parties (except defendant nos.1 and 2) are the legal heirs of Late Nand Singh Rekhi.

4. In 1988, 4 relinquishment deeds were executed by 4 of the legal heirs of Late Nand Singh Rekhi, conveying their shares in the suit property in favour of plaintiff






























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