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IN THE HIGH COURT OF DELHI AT NEW DELHI
VALMIKI J. MEHTA, J.
Harish Bajaj - Appellant
Versus
Desh Raj Bajaj (Deceased) Through Lrs. & Ors. - Respondents
Rfa No. 23 of 2019
Decided On : 11-01-2019
Caveat - Civil Procedure - Section 96 of the Code of Civil Procedure, 1908 - [Section 96 of CPC] - The court discussed the ownership of the suit property and the claim that it was an HUF property. The court examined the evidence presented and concluded that there was no proof that the property was an HUF property. The court also considered additional evidence presented by the appellant but found it did not support the claim that the property was an HUF property. The court upheld the lower court's decision and dismissed the appeal.
Fact of the Case:
The suit involved a dispute over the ownership of a property. The plaintiff claimed ownership based on a Gift Deed executed by the original plaintiff, while the defendants argued that the property was an HUF property and should be dismissed.
Finding of the Court:
The court found that there was no evidence to support the claim that the property was an HUF property. The court also considered additional evidence presented by the appellant but found it did not support the claim that the property was an HUF property. The court upheld the lower court's decision and dismissed the appeal.
Issues: The main issue was whether the property was an HUF property. The court also considered the validity of the Gift Deed and the mutation of the property in the plaintiff's name.
Ratio Decidendi: The court held that the existence of an HUF has to be proved by preponderance of probabilities to the satisfaction of the judicial conscience of the court. The court found that there was no evidence to support the claim that the property was an HUF property.
Final Decision: The court upheld the lower court's decision and dismissed the appeal.
VALMIKI J. MEHTA, J.
Caveat No. 16/2019
1. Counsel appears for the caveator. Caveat stands discharged.
C.M. No. 950/2019 (exemption)
2. Exemption allowed subject to just exceptions.
C.M. stands disposed of.
C.M. Nos. 951/2019(for condonation of delay in filing) & 952/2019(for condonation of delay in re-filing)
3. For the reasons stated in the applications, delay of 60 days in filing and 44 days in re-filing the appeal is condoned.
C.M.s stand disposed of.
RFA No. 23/2019 and C.M. Nos. 953/2019 (additional evidence) & 954/2019(stay)
4. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant no.1 in the suit impugning the Judgment of the trial court dated 11.05.2018 by which the trial court has decreed the suit for possession and mesne profits. The suit was originally filed by the father of respondent no.1/plaintiff who was also the father of the appellant/defendant no.1. The present plaintiff became the sole plaintiff after the death of the father, Sh. Desh Raj Bajaj (original plaintiff), as the father had executed a registered gift deed of the suit property, during his lifetime, in favour of the present plaintiff and who was therefore added as the plaintiff no. 2 in the suit. Defendant nos. 2 to 4 in the suit were the wife, son and daughter of the present appellant/defendant no.1 and these family members of the appellant have been arrayed as proforma respondent nos. 2 to 4 in this appeal.
5. The case of the father, Sh. Desh Raj Bajaj, the original plaintiff, was that the suit property was allotted in the name of his mother, Smt. Jamuna Devi, however, before the title documents could be executed in the favour of Smt. Jamuna Devi, she expired, and therefore the Delhi Administration (now Government of NCT of Delhi) executed the perpetual lease deed of the suit property B-2/66, Phase II, Ashok Vihar, New Delhi (hereinafter “suit property”) in favour of the three sons of Smt. Jamuna Devi, namely Sh. Amar Nath, Sh. Bishambar Nath and Sh. Desh Raj Bajaj (plaintiff no.1 in the suit) and after the three sisters had relinquished their rights in favour of the three brothers. One son, Sh. Bishambar Nath, relinquished his right, title and interest in the suit property in favour of Sh. Desh Raj Bajaj and Sh. Amar Nath vide Relinquishment Deed dated 12.01.1976, thereby resulting in plaintiff no.1 (Sh. Desh Raj Bajaj) and Sh. Amar Nath becoming the co-owners of the suit property. As between Sh. Amar Nath and Sh. Desh Raj Bajaj, an agreement was entered into on 09.09.1982 whereby the suit property was divided in two portions, with one half portion each falling to Sh. Amar Nath and Sh. Desh Raj Bajaj. Both, Sh. Amar Nath and Sh. Desh Raj Bajaj, thereafter, constructed dwelling units on their respective portions of the plot. Plaintiff no.1 had three sons, namely Sh. Satish Bajaj, Sh. Harish Bajaj (appellant/defendant no. 1) and Sh. Parvesh Bajaj. The appellant/defendant no. 1 along with his family members were allowed to occupy the ground floor portion of the suit premises as a gratuitous licencees but the behavior of the appellant/defendant no. 1 and his family members was disrespectful to Sh. Desh Raj Bajaj/plaintiff no.1/father and therefore the licence of the appellant/defendant no. 1 and his family members was terminated by the Sh. Desh Raj Bajaj/plaintiff no.1/father vide the Legal Notice dated 29.11.1997. As stated above, the suit was originally filed by the father Sh. Desh Raj Bajaj, and during the lifetime of the father Sh. Desh Raj Bajaj, he had executed a registered Gift Deed dated 14.06.1999 in favour of his son, Sh. Parvesh Bajaj, and therefore, Sh. Parvesh Bajaj was impleaded as plaintiff no. 2 in the proceedings. Sh. Desh Raj Bajaj/Plaintiff no.1/Father expired on 08.11.2003 and where after the suit continued on behalf of the plaintiff no. 2, who became the sole plaintiff.
6. The appellant/defendant no. 1 and the other defendants contested the suit by filing their written state
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