Initially, the structure comprised part of what is now the West Wing, which is now in the possession of the Plaintiff and children of Late Shri Satish Chandra Yadav. Defendant No.1 was working in the army and was posted in various locations. A portion of the property forming part of the East Wing was tenanted out in order to meet some dues payable to the LIC. The Defendant No.1 had, thereafter, taken voluntary retirement and took a job in Canada. Even while they were living in Canada, the East Wing of the property was in possession of the Defendants. Municipal services, such as the connections for telephone, electricity, etc. continued to remain in control of the Defendants, even while they lived in Canada. The uncle of Defendant no.1, i.e., Shri Satish Chandra Yadav passed away in 2002. It was at the request of the Plaintiff that he moved back to India, being the oldest male member of the family, as his cousins i.e. the children of Shri Satish Chandra Yadav were going through various marital problems, which were to be handled. The Plaintiff‟s sister Ms. Saroj Nalini also fell ill and he had to take care of her. In fact, the purpose all along was to equally divide the property between the children of the Plaintiff‟s brothers. A draft settlement deed dividing the property into two equal halves was drawn up, which was to be executed by the family members to avoid litigation. However, at the instance of Shri Ashutosh Chaudhary and his sisters, who were the children of Shri Satish Chandra Yadav, the settlement was not signed. The tenants, thereafter, vacated the property and the Defendants took possession. The Defendants state that the Plaintiff has repeatedly issued no objection certificates and letters to enable the Defendants to obtain separate municipal connections to the East Wing of the property. The Defendants have been taking care of all the municipal taxes, charges and payments towards the CS (OS) 364/2014 Page 5 of 18
