Final Order 7

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SWATI GUPTA-I,
ACJ-CUM-ARC-CUM-CCJ,NDD, PHC, NEW DELHI
CS NO. 190/2023
Mrs. Bimla Juyal
Aged about 65 years
W/o Dr. Ramesh Chandra Juyal
R/o Flat No.8549
Sector-C, Pocket-8, Vasant Kunj
New Delhi-110070. .....Plaintiff
Versus
1. General Public
2. Ms. Garima Juyal
Aged about 42 years
W/o Dr. Mohan C Joshi
D/o Dr. Ramesh Chandra Juyal
R/o Flat No.8549
Sector-C, Pocket-8, Vasant Kunj
New Delhi-110070.
3. Ms. Ipshita Juyal
Aged about 39 years
W/o Mr. Swaminathan Ramakrishnan
D/o Dr. Ramesh Chandra Juyal
R/o Flat No.8549
Sector-C, Pocket-8, Vasant Kunj
New Delhi-110070.
4. Mr. Gaurav Juyal
Aged about 33 years
S/o Dr. Ramesh Chandra Juyal
R/o Flat No.8549
Sector-C, Pocket-8, Vasant Kunj
New Delhi-110070. .....Defendants
CS No.190/2023 Page No.1 of 7
Mrs. Bimla Juyal vs General Public & Ors.
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Date of institution : 10.02.2023
Date of arguments : 04.05.2023
Date of judgment : 04.05.2023
J U D G M E N T
1. The present suit has been filed by the plaintiff against the
defendants for declaration. Plaintiff has sought the following relief as per
suit: (i) the plaintiff be appointed as de jure guardian of her husband Mr.
Ramesh Chandra Juyal R/o Flat No.8549, Sector-C, Pocket-8, Vasant Kunj,
New Delhi-110070 for the purpose of taking care of his health and dealing
with his immovable property bearing Plot No.859, Block-B, Pocket-3,
Sector-29, Rohini, New Delhi-110085; (ii) decree of declaration be passed
in favour of plaintiff to the effect that plaintiff being legally wedded wife
of Mr. Ramesh Chandra Juyal has every right to deal the property of her
husband and necessary permission to sell Plot bearing No.859, Block-B,
Pocket-3, Sector-29, Rohini, New Delhi-110085 area measuring 60 sq. yds.
may be granted whereby the plaintiff be authorized to sell, transfer and to
do all acts pertaining to said property on behalf of the registered co-owner
Mr. Ramesh Chandra Juyal, who is in a vegetative state and not in a
position to give his legal and valid consent.
2. Brief facts leading to the filing of the present case as averred
in the plaint are as follows:-
(i) The plaintiff is the legally wedded wife of Mr. Ramesh Chandra Juyal
and defendant nos. 2, 3 & 4 were born out of the said wedlock. It is stated
that plaintiff is a homemaker and a pensioner & is financially dependent
on her pension income, savings of her husband and is supported by her
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children.
(ii) It is stated that Plot bearing No.859, Block- B, Pocket-3, Sector-29,
Rohini, admeasuring 60 sq. yds./mts. was jointly leased by the plaintiff and
Mr. Ramesh Chandra Juyal in terms of lease deed bearing no.8495 in Book
No.1, Volume No.5545 at pages 143 to 148, dated 25.05.2015 and a
conveyance deed was issued to this effect.
(iii) It is stated that Mr. Ramesh Chandra Juyal is aged about 74 years and
he is in a vegetative state, with limited signs or prospects of revival. It is
further stated that as per medical report issued by Indian Spinal Injuries
Centre, Mr. Ramesh Chandra Juyal is suffering from acute ailments
whereby he has been diagnosed as a known case of brainstem bleed with
coronary artery disease with rheumatoid arthritis, urinary tract infection
and hypertension. At present, Mr. Ramesh Chandra Juyal is stated to be
bedridden & immobilised and cannot perform his duties/ obligations
including executing his signatures.
(iv) It is further stated that despite nine months of medical treatment &
care, the condition of Mr. Ramesh Chandra Juyal has not improved and he
remains bed-ridden and immobilized (cannot eat, speak or do signature) in
a vegetative state and as per medical advice, he is required to be taken care
under trained paramedic personnel 24x7 and physical support of the family
on daily basis. Relevant medical record from the period of 17.03.2022 to
17.09.2022 of home care facility and medical supplies and latest medical
treatment of Indian Spinal Injuries Centre is attached with the plaint. It is
further stated that Mr. Ramesh Chandra Juyal continues to remain in a
vegetative state from 29.12.2021 till date.
(v) It is further stated that the family of the plaintiff including Mr. Ramesh
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Chandra Juyal and defendant nos.2 to 4 are in dire need of money to take
care of Mr. Ramesh Chandra Juyal’s medical condition and day to day
expenses, as a result of which the family has decided to sell and dispose of
the property bearing No.859, Block-B, Pocket-3, Sector-29, Rohini,
admeasuring 60 sq. yds./mts. which is jointly registered in the name of the
plaintiff and Mr. Ramesh Chandra Juyal. It is stated that as Mr. Ramesh
Chandra Juyal has been declared unfit to deal with the property related
transactions, plaintiff and other LRs of Mr. Ramesh Chandra Juyal are
entitled to deal with the said property and for that purpose, a necessary
declaration and permission of court is required, hence the present suit has
been filed.
(vi) It is further stated that the plaintiff has legal, moral, familial and
societal obligations to look after the needs of her husband Mr. Ramesh
Chandra Juyal as well as the needs of the family and with her limited
income, it is not possible for her to meet the aforesaid expenses.
(vii) It is further stated that Mr. Ramesh Chandra Juyal is incapable of
giving his consent and also incapable of managing the property in
question. It is further stated that the amount received from the sale of
property in question would be utilized towards the expenditure and further
towards the medical treatment and maintenance of Mr. Ramesh Chandra
Juyal. It is also averred that interest of the plaintiff is not adverse to the
interest of the Mr. Ramesh Chandra Juyal.
(viii) It is further stated that defendant nos. 2 to 4 do not have any
objection regarding sale of the said property for the medical treatment and
maintenance expenditure of their father i.e. Mr. Ramesh Chandra Juyal.
3. On the basis of above averments, present suit is filed.
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Summons of the suit were issued to the defendants and notice was issued
upon general public & SDM. Notice of the plaint was issued to general
public by way of publication made in newspapers “Veer Arjun” dated
18.03.2023 and “The Statesman”, dated 21.03.2023 for inviting objections,
if any, from general public. Despite publication, no objection to the grant
of suit for declaration in favour of plaintiff was received from general
public/ near relatives.
4. In response to notice, SDM report has been filed verifying
the address & legal heirs of Mr. Ramesh Chandra Juyal. Further, as per
SDM report, Mr. Ramesh Chandra Juyal is suffering from Brain
Hamorrhage Disease with Rheumatoid Arthritis.
5. Pursuant to notice, defendant no.2 appeared in person and
made statement before the court on 21.04.2023 that she has no objection, if
suit for declaration is allowed in favour of plaintiff. On 28.04.2023,
defendant nos.3 & 4 appeared through video conferencing and submitted
that that they have no objection, if suit for declaration is allowed in favour
of plaintiff.
6. Plaintiff examined herself as PW1, tendered her evidence by
way of affidavit, Ex.PW1/A and relied upon the following documents:-
a) Copies of aadhar card of plaintiff and defendant no.2–
Ex.PW1/1(colly.)(OSR);
b) Copies of aadhar card of defendant nos.3 & 4- Mark A
(mentioned as Ex.PW1/1(colly.)
c) Copy of first page of conveyance deed dated
25.05.2015 - Ex.PW1/2 (OSR);
d) Copy of medical record of Sh. Ramesh Chandra Juyal–
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Ex.PW1/3 (colly.)(OSR);
e) NOC of defendant nos. 2 to 4– Ex.PW1/4 (colly.).
7. I have heard Ld. Counsel for the plaintiff and have perused the
record.
8. It may be noted that the burden of proof in a civil case is only
to the extent of ‘preponderance of probability’. That is to say, in a civil
case, the plaintiff is not required to prove his/ her case beyond reasonable
doubt and even if the same appears to be probable on the basis of material
on record, the relief can be granted.
9. In the present case, the plaintiff has proved on record
conveyance deed to show that property bearing Plot No.859, Block-B,
Pocket-3, Sector-29, Rohini, New Delhi-110085 is in the name of Mr.
Ramesh Chandra Juyal & Smt. Bimla Juyal. Plaintiff has proved her
aadhar card to show her identity and residential address. She has also
placed on record certificate of Dr. Arun Sharma, Senior Consultant,
Department of Neurosurgery, Indian Spinal Injuries Centre. It has also
come in the report of SDM that Mr. Ramesh Chandra Juyal is suffering
from Brain Hamorrhage Disease with Rheumatoid Arthritis. Certificate of
Dr. Arun Sharma, Senior Consultant, Department of Neurosurgery, Indian
Spinal Injuries Centre alongwith discharge summary has also been filed
alongwith the report of SDM.
10. It is stated in the certificate of Dr. Arun Sharma that the
patient Mr. Ramesh Chandra Juyal is bed ridden and unable to do
signatures. Thereafter, plaintiff also filed certificate of Dr. Arun Sharma
dated 27.04.2023 wherein it is stated about Mr. Ramesh Chandra Juyal that
“ He is on Ryles Tube Feeding” and is bed ridden since 29/12/2021 and
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needs regular care of medical attendant. He is not in condition to do
signatures or understand/ communicate the decisions.”
10. In view of the above material on record, I am satisfied that
there is no dispute to the condition of Mr. Ramesh Chandra Juyal and that
the plaintiff as well as Mr. Ramesh Chandra Juyal are joint owners of the
property and plaintiff is the wife of Mr. Ramesh Chandra Juyal. Thus, in
my considered opinion plaintiff is entitled for the relief and accordingly, it
is hereby declared that plaintiff is appointed as guardian of her husband
Mr. Ramesh Chandra Juyal, R/o Flat No.8549, Sector-C, Pocket-8, Vasant
Kunj, New Delhi-110070 for the purpose of taking care of his health and
dealing with his immovable property bearing Plot No.859, Block-B,
Pocket-3, Sector-29, Rohini, New Delhi-110085. The suit of the plaintiff is
decreed accordingly.
11. Decree sheet be prepared accordingly. No order as to costs.
12. File be consigned to Record Room after due compliance.
Announced in the open Court
on 04.05.2023.
(SWATI GUPTA-I)
ACJ/CCJ/ARC, NDD, PHC
NEW DELHI : 04.05.2023
CS No.190/2023 Page No.7 of 7
Mrs. Bimla Juyal vs General Public & Ors.
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