2013 (1) TMI 1000

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ession of a portion consisting of two bedrooms, common drawing-dining, kitchen and bathroom of flat on the second floor of property No. 21/13, Old Rajinder Nagar, New Delhi and for mesne profits/damages for use and occupation. It is the case of the plaintiff, that he is the owner of the said flat vide registered Sale Deed dated 18th October, 2004 copy whereof is filed along with the plaint; that the defendants no.1 to 4 are the son, daughter-in-law and grand- children of the plaintiff; that the plaintiff on account of the said relationship had allowed the defendants to reside with him in the said flat; however the relationship between the plaintiff and the defendants has soured and the plaintiff does not want the defendants to reside in his....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 2013 when finding that the defence of the defendants in the written statement of having contributed to the purchase consideration of the said flat while admitting the Title Deed with respect thereto to be in the name of the plaintiff only did not constitute any defence in law to the claim of the plaintiff for possession, the counsel for the defendants was asked to argue. On his request the matter was adjourned to today. 5. The counsel for the defendants, who states that he is the new counsel though has filed his Vakalatnama, has argued that the plaintiff has not approached the Court with clean hands. He has drawn attention to para 4 of the plaint and contended that the plaintiff has falsely stated that the defendants had harassed the de....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....fraid even the said document does not show that the defendants have any right to retain possession of the flat aforesaid. All that the said document purports to do is to recall the earlier notice disinheriting the defendants. However, such inheritance can happen only on the demise of the plaintiff and not prior thereto. 12. A contributor to the purchase consideration for immovable property, only has rights if any, to recover the said purchase consideration from the purchaser and does not acquire any rights in the immovable property or any right to retain possession thereof. The only defence thus raised in the written statement is not a material one so as to invite framing of an issue and the plaintiff has become entitled to a decree for ....