TMI Blog2013 (1) TMI 1000X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 flat and though called upon the defendants to vacate the same, the defendants failed to do so. 2. Summons of the suit and notice of the application for interim relief to restrain the defendants from parting with the possession of the said flat to any other person were issued though no interim relief granted. 3. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 deceased wife of the plaintiff. It is argued that the relationship of the defendants with the deceased wife of the plaintiff, being the mother of the defendant no.1 and mother-in-law of the defendant no.2 was very good. 6. It has been enquired from the counsel for the defendants as to whether the said argument even if we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 possession and mesne profits. 13. The dispute raised in the written statement of under valuation of the suit is a vexatious one, bereft of any particulars. Nothing is stated, as to on the basis of which sale/purchase transaction, the valuation given by the plaintiff is incorrect. 14. Faced with the aforesaid, the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The plaintiff shall also be entitled to costs equivalent only to court fee of ₹ 25,785/- paid on the plaint. Decree is confined against defendants no. 1 and 2 since the defendants No.3 and 4 are minors and no steps were taken for appointment of their guardian. The decree sheet be drawn up. 19. The counsel for the defendants at this stage states that he has instructions from the defendants to state that they are willing to give an undertaking to vacate the said flat after the examination of the children (defendants no. 3 and 4) scheduled in March-April, 2013 are over. 20. Liberty is granted to the defendants No.1 and 2 to file affidavits of undertaking to the said effect and on filing whereof this request shall be considered. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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