Birbal Saini VS Satywati

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

PURUSHAINDRA KUMAR KAURAV
Birbal Saini – Appellant
Versus
Satywati – Respondent

Counsel for the Parties:
For the Appellant:Mr. Ashok Gurnani, Dr. Manish Aggarwal, Ms. Barnali Paul, Ms. Hardikaa Kalia and Mr. Abhishek Singh, Advocates
For the Respondent:Mr. Rajendra Kumar, Advocate

JUDGMENT

The instant appeal is preferred against the judgment and decree dated 19.08.2019 in RCA No. 60818/16, passed by the Court of ADJ-1, West, Tis Hazari Courts, Delhi, whereby, judgment and decree dated 06.06.2015 in suit No. 333/2009, passed by the Trial Court, decreeing the suit for recovery of possession, mandatory and permanent injunction and recovery of damages/mesne profits, has been affirmed.

2. The case concerns the respondent/plaintiff and appellant/defendant, who are real brothers and sisters. The respondent/plaintiff is a widow and resides with her father and son at House No. 581, near Saini Chaupal village, Mundka, Delhi (hereinafter referred to as the suit property). Sh. Bharat Singh (father) had allocated 161 sq. yds. plots to each of his four sons, including the appellant/defendant, where they constructed their houses and lived with their families. The suit property had devolved on Sh. Surjan Singh, grandfather of the contesting parties based on a family settlement that took place between him and his brother. Therefore, the same became a separate property owned by him which later, on his death, was inherited by the father of the contesting parties namely, Sh. Bh