Delhi High Court - Orders
Nayabuddin vs Mohd. Yasir & Ors on 9 February, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~3 & 4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 183/2022
NAYABUDDIN ..... Petitioner
Through: Mr. M. F. Nizami, Adv.
versus
MOHD. YASIR & ORS. ..... Respondents
Through: None.
+ RC.REV. 185/2022
NAYABUDDIN ..... Petitioner
Through: Mr. M. F. Nizami, Adv.
versus
ZUBER AHMED & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 09.02.2023
1. The impugned order(s) both dated 23.09.2019, have been passed in view of the Sale Certificate dated 30.05.1980, issued by the Collector, Sales Tax, New Delhi, with respect to the property no. 3574, 3575 and 3784, issued in favour of Syed Asaf Ali and Syed Ahmed Ali, both sons of Syed Umed Ali.
2. The relevant para of the impugned order reads as under.
"It is submitted that as documents on record Syed Asaf Ali and Syed Ahmed Ali both sons of Syed Umed Ali purchased the property no. 3574, 3575 and 3784, Lal Kaun, Delhi in an auction sale and the sale certificate dated 30.05.1980 issued by the Collector, Sales Tax, new Delhi in respect of the said property is placed on record as well as the certified copy of order dated 10.12.1979 in suit for declaration bearing CS No. 586/77 titled as Syed Asif Ali & Ors. V. The Collector of Delhi and Anr. Is placed on record. Hence, it is submitted that present petition is not maintainable in view of the fact that two Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:13.02.2023 13:12:59 different persons are claiming ownership in respect of the same property in dispute.
xxx xxx xxx In the present case, petitioner is claiming his ownership over the suit property through suit for administration and rendition of account bearing no. 456/1968 dated 30.07.1968. Respondent is claiming the ownership of the third party namely Syed Asif Ali and Syed Ahmed Ali on the basis of the declaration suit bearing CS No. 586/1977 decided on 10.12.1979 and the certificate of sale dated 17.06.1980, the certified copies of the said documents have been placed on record. Thus, there are two parties claiming ownership of the same tenanted premises."
(Emphasis supplied)
3. The revision petition is silent with respect to the stand of the Petitioner with respect to the genuineness or otherwise of the said Sale Certificate dated 30.05.1980.
4. The Petitioner seeks four (4) weeks' time to file an additional affidavit stating on record his stand
5. List on 27.04.2023.
MANMEET PRITAM SINGH ARORA, J FEBRUARY 9, 2023/rk/aa Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:13.02.2023 13:12:59