On 10th September 2020, Justice Sanjeev Sachdeva heard the case of Dr Jai Mala Jain & Anr. v. Dr Ashwani Jain, via video-conferencing. The Court ordered the respondent to handover the possession of the subject premises.
Facts of the case
The parties, in this case, are siblings. The father of the parties passed away on 16th September 2017. Being a class-I legal heir, the respondent succeeded in the subject property as a legal heir. A suit for partition has been filed on the said premise. By the order dated 15th September 2017, the respondent had undertaken to vacate the premises on or before 31st January 2020. The petitioner seeks initiation of contempt proceedings against the respondent for breach of the order dated 15th September 2017.
Arguments of the Petitioner
The learned counsel for the petitioner argues that there was a dispute between the respondent and the late father of the parties. The registered Will dated 15th May 2017 bequeathed the subject property in favour of the petitioner. Further, the petitioner is defending the Suit for the partition filed by the respondent. Moreover, in the said Suit, an application for an injunction has been filed. Nonetheless, no injunction has been granted in favour of the respondent. Furthermore, no Court has passed the order staying the operation of the order dated 15th September 2017. Therefore, the respondent is liable to handover the possession of the property in terms of the undertaking given to the Court. As the respondent failed to vacate by 31st January 2020, the petitioner has the right to claim charges for the same.
Arguments of the Respondent
The learned counsel for the respondent stated that the respondent undertakes to vacate and hand over the peaceful vacant possession of the subject premises to the petitioner on or before 31st October 2020. This is done without any prejudice to the rights and contentions in the Suit for partition or to the application for injunction filed by the respondent in the Suit.
Court’s Order
The Court accepts the undertaking of the respondent. It directs the respondent to hand over the peaceful and vacant possession of the subject premises on or before 31st October 2020. It is further clarified that this Court has not commented on the merits of the claim of the respondent or of the petitioner based on the alleged Will dated 15th May 2017.
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