The main legal point established in the judgment is the importance of actual possession in a dispute over property rights, and the court's authority to direct the handover of possession to ensure peaceful living.

JUDGMENT

Yogesh Khanna, J. - Crl.M.A.No.7207/2020

1. The hearing has been conducted through Video Conferencing.

2. This writ petition filed by petitioner, is with following prayers:-

a) Issue a Writ, Order or direction in the nature of Mandamus and / or a Writ, order or direction in the nature of Mandamus calling for the records of the case and after examining the legality and validity of the same direct the Respondent Nos.1 and 2 to not to cause any obstruction in the unfettered and unrestricted right of the Petitioner to reside in the Flat No.997-GH-5/7, Paschim Vihar, Sunder Vihar, Delhi (West) - 110087;

b) Issue a Writ, Order or direction in the nature of Mandamus and / or a Writ, order or direction in the nature of Mandamus calling for the records of the case and after examining the legality and validity of the same direct the Respondent Nos.1 and 2 to not to permit the Respondent No.3 to cause any obstruction in the unfettered and unrestricted right of the Petitioner to reside in the Flat No.997-GH-5/7, Paschim Vihar, Sunder Vihar, Delhi (West) - 110087;

c) Pass such other or further order(s) as this Hon''ble Court may deem fit and proper in the facts and circumstances of the present case."

3. Initially, this petition was listed for hearing on 11.05.2020 when this petitioner submitted that a flat bearing No.997-GH-5/7, Paschim Vihar, Sunder Vihar, Delhi (West) - 110087 is a joint property in the name of petitioner and his wife/respondent No.3 vide a registered sale deed dated 17.10.2012 and they have been residing therein with their minor son. However disputes arose between the petitioner and respondent No.3/wife; the matter even went to the police and a Kalandara No.262/2020 at police station Mianwali Nagar was registered to maintain peace and harmony. It was argued respondent no.3 and the police has been creating hindrance in his ingress and egress from the said flat.

4. However the respondent No.3/wife had alleged the petitioner has been beating and threatening her. It was alleged by the learned counsel for applicant/ respondent No.3 the petitioner stayed somewhere else as had given an understating in Kalandara proceedings, not to enter into said flat and that she along with her minor son was only residing in the flat in question and on 29.04.2020 when she was not in her flat, the petitioner along with his henchmen and in her absence had broke open the locks of the flat in question, but due to intervention of police and neighbors, the possession of the flat in question was restored to her. It is averred though the petitioner has been causing domestic violence, but the respondent No.3 could not file any case against the petitioner, due to Covid-19 situation.

5. On 18.05.2020 the petitioner had moved an urgent relief application (Crl.M.A.No.6472/2020) to bring on record certain facts and documents. Infact the petitioner had challenged the submission of the learned counsel for respondent No.3 that he ever gave any undertaking before the learned Special Executive Magistrate for not staying in the flat in question or there was any FIR registered against him as also there was no evidence of administration of phenyl or qua allegations of beatings to respondent No.3.

6. The matter was listed on 29.05.2020 when a status report was filed by State/respondents No.1 & 2, wherein it was stated the police has no role either in dispossessing the petitioner from the premises in question nor in any manner in creating any hindrance in his residing in said house at any point of time. Qua the apprehension of respondent No.3/wife, the petitioner asserted he would install CCTV cameras in every nook and corner of the flat in question in order to avoid false implication and assured to live peacefully.

7. It was always the submission of the petitioner that he is in possession of the subject flat and since the police and respondent No.3 were creating obstructions, he had filed this writ petition and on 29.05.2020 upon filing of status report by