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Del HC | “Court has to cut through the web of pleas spun in the written statement”. When should a decree on admissions be passed in a property dispute? Read how the Court refused to allow abuse of its process 

Delhi High Court: Rajiv Sahai Endlaw, J., passed a decree for recovery of possession in favour of the plaintiffs without a trial, where it was found that the defendants were insisting upon the recording of evidence and a trial only to defer the evil day of a decree being passed against them.

Factual Matrix

In the instant matter, plaintiffs’ purpose for the institution of the case was:

Plaintiffs submitted that Devi Verhomal Hingorani was the owner of the property comprising of two and a half storey building with land underneath. After her demise, defendant 3 i.e. Ashish Hingorani became the owner of the ground floor of the property; defendants 6 and 7 i.e. Tulsi V. Hongorani and Padma V. Hongorani became the owner of the first floor of the property. Defendant 5 i.e. G.V. Hingorani became the owner of the second floor of the property and defendant 4 i.e. C.V. Hingorani was the named executor under the Will.

Ashish vide an agreement to sell, sold the ground floor of the property to the plaintiffs and on receipt of the entire purchase consideration executed the Will, Receipts, Affidavits, Indemnity Bonds, Special Power of Attorney in favour of the plaintiffs.  Since 1992, plaintiffs have been in the possession of the property. Further, the plaintiffs permitted defendants 1 and 2 i.e. Arun and Mohiney to access the ground floor as the caretaker.

Further, it was stated that Mohiney, the sister of the husband of plaintiff 1, during a conversation with the husband of plaintiff 1 mentioned that the ground floor belonged to her as she had purchased the same from Ashish.

With regard to first and second floors of the property, plaintiffs got to know that the owners of the said floors had executed certain documents including the Special Power of Attorney in favour of the husband/father of Mohiney/Arun. It was further learnt that the husband/father of Mohiney/Arun had also obtained a Special Power of Attorney from Ashish.

Leasehold rights of the land underneath the property had been converted into freehold vide Conveyance Deed jointly in favour of defendants 3 to 7, to whom different portions of the property were bequeathed under the Will.

Later, in 2012, when plaintiff 2 visited the property, found that Arun had opened his office on the ground floor and Arun and Mohiney were claiming themselves to be the owners in the possession of the ground floor of property.

In 2013, summons were ordered to be issued to Arun, Mohiney and Ashish to be restrained from creating any third party rights in the ground floor of the property.

Since both Arun and Mohiney died, they were substituted by the wife, son and daughter of Arun; another son of Mohiney was also impleaded as an heir.

High Court’s Analysis and Decision

Bench on perusal of the facts and circumstances of the case found that no trial was required in the matter, plaintiffs were entitled to a decree for possession:

Mala fides of the defendants were also found much evident.

Plaintiffs were held entitled to a decree for recovery of possession forthwith. The Court expected that the defendants at least now will see reason and not indulge in any further litigation on false mutually destructive pleas bordering on contemptuous conduct interfering with administration of justice. The mesne profits at Rs 30,000 per month were fixed by the Court. [Asha V. Wadhwani v. Arun Jethmalani, 2020 SCC OnLine Del 480, dated 18-3-2020]

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