Jai Kishan v. Jai Bhagwan

1. The appellant/plaintiff is aggrieved by the judgment and decree dated 17.8.2016 passed in a suit for recovery of possession and damages instituted by him against his younger brother in respect of the premises bearing No.G- 20, Dakshinpuri, New Delhi measuring 22.[5] sq. yards. By the impugned judgment and decree, after examining ocular and documentary evidence produced by the parties, the trial court had held that possession of the defendant over the suit property had become hostile to the plaintiff in the year 1991 and if not in the year 1991, then in the year 1998 and an actionable cause of action had arisen in favour of the plaintiff at least on 13.12.1998. Reckoned from the said date, the plaintiff ought to have filed a suit for possession within 12 years from the date when the possession of the defendant over the suit property had become hostile to him. It was observed that the present suit having been filed by the appellant/plaintiff much beyond 2016:DHC:7725 RFA 935/2016 12 years, on 5.7.2012, was hit by Article 65 of the Limitation Act, 1963 and it was therefore rejected.

2. After addressing arguments for some time, learned counsel for the appellant states that apart from the subject premises, there is a dispute that is simmering between the appellant/plaintiff, the respondent/defendant and their two other siblings in respect of premises bearing No.G-21, Dakshinpuri, New Delhi that was owned by the deceased father of the parties, and if the respondent is summoned for the purpose of negotiating a settlement in respect of the present premises as also the aforesaid premises, through mediation, there is a likelihood of an amicable resolution between the siblings. He further states on instructions that the appellant does not wish to press the present appeal on merits.

3. While disposing of the present appeal, along with the pending applications, only a limited notice be issued to the respondent/defendant, on filing of process fee by the appellant within one week, by speed post and ordinary process, returnable on 19th January, 2017, for the parties to report if they are willing to submit themselves to mediation as suggested above.

4. The notice to be issued to the respondent shall indicate that the respondent shall remain present. The appellant shall ensure that he and his two other siblings are also present on the next date of hearing. HIMA KOHLI, J NOVEMBER 30, 2016 sk/rkb