Delhi District Court
K Lakshmi vs Bishan Singh on 4 November, 2024
IN THE COURT OF SHRI DHARMENDER SINGH
DISTRICT JUDGE-01, WEST, TIS HAZARI COURTS,
DELHI
Civ DJ No. 354/19
Mrs. K. Laxmi
W/o Sh. T. Kannan
R/o H. No. 37, III Floor,
Block-B 2, Sector - 15,
Rohini, New Delhi-110085
... Plaintiff
Versus
1. Bishan Singh
C/o Kamal Properties
Off: G-4/63, Sector-16,
Rohini, New Delhi-85
2. Sh. Mohan Mehta
S/o Sh. N.N. Mehta
R/o H.No. 619/1, First Floor,
Devi Mandir Road, Near Shoeland,
Saalar Gang Gate, Insaar Bazar,
Panipat-Haryana
3. Smt. Laxmi Pant
W/o Nandan Pant
R/o H.No. 78-79, III Floor,
Block G, Pocket-3, Sector-16,
Rohini, New Delhi-85
Digitally signed
by
DHARMENDER
DHARMENDER SINGH
SINGH
Date:
2024.11.04
15:36:39 +0530
Civ DJ 354/19 K Laxmi Vs Bishan Singh 1/24
4. Sh. Rajender Prasad Pant
S/o Sh. B.N. Pant
R/o H.No. 78-79, III Floor,
Block G, Pocket-3, Sector-16,
Rohini, New Delhi-85
5. Smt. Subodhini Pant
R/o H.No. 78-79, III Floor,
Block G, Pocket-3, Sector-16,
Rohini, New Delhi-85
... Defendants
Date of Institution : 01.08.2003
Date of Reserving Judgment : 19.10.2024
Date of Judgment : 04.11.2024
JUDGMENT
1. Vide this judgment, this court shall decide the present suit filed by plaintiff against defendants seeking the relief of declaration and possession.
2. As per case of plaintiff, she is owner of Second Floor Roof portion of property bearing no. 78 & 79, G-3, Sector 16, Rohini, Delhi (hereinafter referred as suit property). It is submitted that second floor roof portion of property bearing no. 78 measuring 25.9 sq meter was purchased by plaintiff from Smt. Janak Dulari and Sh. Mohan Mehta and second floor roof portion of property bearing no. 79 measuring 25.9 sq meter was purchased by plaintiff from Mrs. Madhu Mehta and Sh. Mohan Mehta. It is submitted that Smt. Janak Dulari executed a Will, Affidavit and Possession Letter and Sh. Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:36:50 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 2/24 Mohan Mehta executed a GPA in respect of second floor roof portion of property bearing no. 78 in favour of plaintiff. It is submitted that Mrs. Madhu Mehta executed a Will, Affidavit and Sh. Mohan Mehta executed a GPA, Affidavit and SPA in respect of second floor roof portion of property bearing no. 79 in favour of plaintiff.
3. It is submitted that husband of plaintiff is running a small restaurant in Rohini, Delhi and Sh. Mohan Mehta / defendant no. 2 was his close friend. It is submitted that Sh. Mohan Mehta approached the husband of plaintiff and offered to sell the second floor roof portion of suit property. It is submitted that the parties agreed for the same and the consideration amount for the same was fixed as Rs.3 Lac and on payment of Rs.3 Lac, the documents were executed and registered in favour of plaintiff before concerned sub-registrar on 11.09.2000 and 14.09.2000 and possession of second floor roof portion of suit property was handed over to plaintiff.
4. It is submitted that after taking possession of second floor roof portion of suit property, employees of the husband of plaintiff stayed in the same without any disturbance till 08.05.2003. It is submitted that in May 2003, defendant no. 1 (defendant no. 1 is a property dealer) and 2 alongwith some anti-social elements entered into the suit property and forcibly taken the possession of second floor roof portion of suit property from the employees of the husband of plaintiff. It is submitted that plaintiff organized a panchayat of elder citizens of the locality and made request to said defendants to return the possession of property of plaintiff, however, they did not return the same Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:36:59 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 3/24 and transferred the possession of the same to various persons and presently defendant no. 3, 4 and 5 are in possession of the same.
5. Feeling aggrieved, present suit has been filed by plaintiff against defendants seeking the relief of declaration and possession. It is specifically prayed that decree of declaration be passed in favour of plaintiff and all the transactions regarding sale and documents executed on dated 21.08.2000, 07.02.2003, 19.02.2004, 25.08.2006 and 30.09.2011 by other persons in respect of suit property be declared null and void and plaintiff be declared the owner of second floor roof portion of the suit property. It is also prayed that entire chain documents in respect of suit property executed after purchase of property by plaintiff on 14.09.2000, be declared null and void. It is further prayed that decree of possession be also passed in favour of plaintiff and against defendants and defendants and their agents / LRs be directed to hand over the peaceful and vacant possession of second floor roof portion of suit property to plaintiff.
6. In pursuance of the suit, summons were issued to defendants and written statement was filed on behalf of defendant no. 1. However, at later stage, statement was made on behalf of plaintiff for dropping of proceedings against defendant no.1 and accordingly, vide order dated 06.12.2019, proceedings were dropped against defendant no.1.
7. Defendant no.2 did not file any written statement and he was proceeded ex-parte.
Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date: 2024.11.04 15:37:05 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 4/24
8. Defendant no.3, 4 & 5 filed the joint written statement.
9. In written statement filed on behalf of defendant no.3, 4 & 5, it is submitted that plaintiff has concealed the material facts from the Court. It is submitted that claim of plaintiff is based upon unregistered documents. It is submitted that property bearing no.78 was initially allotted to Sh. Ashok Kumar and Smt. Shashi Gupta by DDA vide perpetual lease deed registered on 06.02.1992. It is submitted that said allottees sold the said property vide GPA dated 07.02.1992 to Sh. Mahender Kumar Goel and Sh. Mahender Kumar Goel sold the said property vide GPA dated 12.09.1994 to Sh. Ashwani Kumar. It is submitted that Sh. Ashwani Kumar sold the said property vide GPA dated 04.11.1994 to Sh. Yusuf Ali and Sh. Yusuf Ali sold the said property vide GPA dated 13.07.1995 to Sh. Tirath Dass Khurana. It is submitted that Sh. Tirath Dass Khurana sold the said property vide GPA dated 19.02.1996 to Sh. Mohan Mehta and Sh. Mohan Mehta got the said property mutated in his name and got Conveyance Deed registered in his name vide dated 07.02.2003. It is submitted that Sh. Mohan Mehta duly authorized Sh Hari Chand Batra vide registered GPA dated 07.02.2003 and Sh. Hari Chand Batra being the GPA of Sh. Mohan Mehta sold the said property to Smt. Sarup Rani vide registered Sale Deed dated 19.02.2004. It is submitted that Smt. Sarup Rani sold the said property to Sh. Parmod Kumar Gupta vide registered Sale Deed dated 25.08.2006. It is stated that Smt. Sarup Rani sold the first and second floor with roof rights of said property to Sh. Parmod Kumar Gupta and Sh. Parmod Kumar Gupta sold the first and second floor Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:37:12 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 5/24 with roof rights of said property to defendant no.5 vide registered Sale Deed dated 30.09.2011 and defendant no.5 is the real and sole owner and in possession of property no. 78.
10. It is submitted that property no.79 was initially allotted to Sh. Jagdish Chander Sharma by DDA vide perpetual lease deed registered on 25.07.1989 and Jagdish Chander Sharma sold the said property vide GPA, Agreement to Sell and Receipt dated 25.07.1989 to Sh. Vikas Goel. It is submitted that Sh.
Vikas Goel sold the said property vide GPA, SPA and Agreement to Sell dated 25.07.1995 to Sh. Tirath Dass Khurana and Sh. Tirath Dass Khurana sold the said property vide GPA, Agreement to Sell and Receipt dated 19.02.1996 to Sh. Mohan Mehta and Smt. Madhu Mehta. It is submitted that Sh. Mohan Mehta and Smt. Madhu Mehta sold the said property vide GPA dated 21.08.2000, Agreement to Sell and Receipt to Smt. Dropati and Smt. Dropati sold the said property vide registered GPA dated 19.02.2004, Agreement to Sell and Receipt to Smt. Sarup Rani and Smt. Sarup Rani sold the first and second floor with roof right of said property vide registered Agreement to Sell and registered GPA dated 25.08.2006 to Sh. Parmod Kumar Gupta. It is submitted that Sh. Parmod Kumar Gupta sold the first and second floor with roof rights of said property to defendant no.5 vide registered Agreement to Sell and registered GPA dated 30.09.2011 and defendant no.5 is the real and sole owner and in possession of said property. It is submitted that plaintiff is not entitled to any relief and prayer has been made for dismissal of the present suit.
Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date: 2024.11.04 15:37:18 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 6/24
11. Plaintiff filed the replication to the written statement of defendant no.3, 4 & 5 and reiterated the same case as mentioned in plaint.
12. On the basis of pleadings, following issues were framed :
(1). Whether plaintiff has not come before this Court with clean hands?
OPD (2). Whether plaintiff is entitled to the relief of declaration, as prayed for ?
OPP (3). Whether plaintiff is entitled to the relief of possession, as prayed for ?
OPP
(4). Relief.
13. After issues, PE was led by plaintiff. In PE, two witnesses including plaintiff as PW-1 were examined.
14. The affidavit of evidence of plaintiff/ PW-1 is Ex.PW1/A, in which she deposed in terms of the case as mentioned in plaint. She relied upon following documents :
1. Site Plan : Ex.PW1/1.
2. GPA dated 14.09.2000 registered vide registration no. 41680: Ex.PW1/2.
3. Affidavit of Ms. Janak Dulari dated 14.09.2000 : Ex.PW1/3.
4. SPA of Sh. Mohan Mehta dated 14.09.2000 in favour of K. Laxmi: Ex.PW1/4.
5. GPA dated 14.09.2000 registered vide registration no.41681 :Digitally signed by DHARMENDER
DHARMENDER SINGH SINGH Date:
2024.11.04 15:37:26 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 7/24 Ex.PW1/5.
6. Will dated 11.09.2000 having registration no.575 : Ex.PW1/6.
7. Affidavit of Ms. Madhu Mehta dated 11.09.2000 : Ex.PW1/7.
8. Copy of Receipt dated 11.09.2000 : Mark-A.
9. Agreement to Sell dated 11.09.2000 executed between Smt. Janak Dulai and K. Laxmi : Ex.PW1/8.
10. Will dated 14.09.2000 having registration no. 41972 : Ex.PW1/9.
11. Agreement to Sell dated 11.09.2000 executed between Ms. Madhu Mehta and K. Laxmi : Ex.PW1/10.
12. Affidavit of Mohan Mehta dated 14.09.2000 : Ex.PW1/11.
13. Possession Letters, both dated 14.09.2000 : Ex.PW1/12 & Ex.PW1/12- A.
14. Legal Notice dated 12.05.2003 : Ex.PW1/13.
15. PW-1 was cross-examined at length by ld counsel for defendant no. 3 to 5.
16. PW-2 i.e. summoned witness Sh. Mahender Kumar from the office of Sub-registrar VI A, Pitampura, Delhi. He brought the record of two GPAs dated 14.09.2000 executed by Sh. Mohan Mehta in favour of plaintiff, same are Ex.PW2/1 (exhibited as PW1/5 also) and Ex.PW2/2 (exhibited as PW1/2 also). He also brought the record of Will executed by Smt. Janak Dulari in favour of plaintiff Ex.PW2/3 (already Ex.PW1/9). This witness was also cross-examined by ld counsel for defendant no. 3 to 5.Digitally signed by DHARMENDER
DHARMENDER SINGH SINGH Date:
2024.11.04 15:37:33 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 8/24
17. After PE, DE was led on behalf of defendant no. 3 to 5, in which three witnesses including defendant no. 4 as DW-1 were examined.
18. The affidavit of examination in chief of defendant no. 4/ DW-1 is Ex.DW1/A, in which he deposed in terms of the facts mentioned in the written statement. He relied upon following documents:-
1. Perpetual lease deed executed by DDA in favour of Ashok Kumar & Shashi Gupta dated 06.02.1992 : Ex.DW1/1
2. GPA dt.07.02.1992 executed by Ashok Kumar & Shashi Gupta in favour of Mahender Kumar Goyal : Ex.DW1/2
3. GPA dt.12.09.1994 executed by Mahender Kumar Goyal in favour of Ashwani Kumar : Ex.DW1/3
4. GPA executed by Ashwani Kumar in favour of Yusuf Ali is Mark-DW1/4
5. GPA dt. 13.07.1995 executed by Yusuf Ali in favour of Tirath Dass Khurana : Ex.DW1/5
6. GPA dt.19.02.1996 executed by Tirath Dass Khurana in fovour of Mohan Mehta : Ex.DW1/6
7. GPA dated 07.02.2003 executed by Mohan Mehta in favour of Hari Chand Batra : Ex.DW1/7
8. Sale deed executed by Hari Chand Batra in favour of Sarup Rani :Ex.DW1/8
9. Sale deed executed by Sarup Rani in favour of Parmod Kumar Gupta marked as: Mark-DW1/9
10.Sale deed executed by Parmod Kumar Gupta in favour of Smt. Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:37:41 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 9/24 Subhodini Pant : Ex.DW1/10
11.Perpetual Lease Deed dated 24.07.1989 executed by DDA in favour of Jagdish Chand Sharma: Ex.DW1/11
12.GPA dt.25.07.1989 executed by Jagdish Chand Sharma in favour of Vikas Goal : Ex.DW1/12
13.Agreement to Sell dt. 25.07.1989 executed between Jagdish Chand Sharma and Vikas Goyal: Ex.DW1/13
14.GPA executed by Vikas Goyal in favour of Tirath Dass Khurana :Ex.DW1/14
15.Sale Agreement executed by Vikas Goyal in favour of Tirath Dass Khurana : Ex.DW1/15
16.SPA dt. 25.07.1995 executed by Vikas Goyal in favour of Tirath Dass Khurana : Ex.DW1/16
17.Agreement to Sell & Purchase executed by Tirath Dass Khurana in favour of Madhu Mehta marked as Mark-DW1/17
18.GPA dt.19.02.1996 executed by Tirath Dass Khurana in favour of Mohan Mehta marked as Mark-DW1/18
19.Agreement to Sell dt.21.08.2000 executed by Madhu Mehta in favour of Dropati Batra : Ex.DW1/19
20.Receipt dt.21.08.2000 executed by Madhu Mehta in favour of Dropati Batra : Ex.DW1/20
21.Will dt. 21.08.2000 executed by Madhu Mehta in favour of Dropati Batra : Ex.DW1/21
22.Notorized SPA executed by Madhu Mehta in favour of Dropati Batra :
Ex.DW1/22 Digitally signed
by
DHARMENDER
DHARMENDER SINGH
SINGH Date:
2024.11.04
15:37:49
+0530
Civ DJ 354/19 K Laxmi Vs Bishan Singh 10/24
23.GPA executed by Mohan Mehta in favour of Dropati Batra :Ex.DW1/23
24.Possession Letter executed by Madhu Mehta in favour of Dropati Batra : Ex.DW1/24
25.Affidavit executed by Madhu Mehta in favour of Dropati Batra :Ex.DW1/25
26.Affidavit executed by Mohan Mehta in favour of Dropati Batra :Ex.DW1/26
27.GPA dt.19.02.2004 executed by Dropati Batra in favour of Sarup Rani : Ex.DW1/27
28.Sale Agreement dt. 19.02.2004 executed by Dropati Batra in favour of Sarup Rani : Ex.DW1/28
29.Sale Agreement executed by Sarup Rani in favour of Parmod Kumar Gupta marked as Mark-DW1/29
30.GPA executed by Sarup Rani in favour of Parmod Kumar Gupta marked as Mark-DW1/30
31.Sale Agreement dt.14.09.2011 executed by Parmod Kumar Gupta in favour of Subhodini Pant : Ex.DW1/31
32.GPA dt. 14.09.2011 executed by Parmod Kumar Gupta in favour of Subhodini Pant : Ex.DW1/32
33.Colour Printouts of photographs of property at plot no.78-79 : Ex.DW1/33.
34.Conveyance Deed executed by DDA in favour of Mohan Mehta :Ex.DW1/34
35.Agreement to Sell executed by Mohan Mehta in favour of Hari Chand Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:37:57 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 11/24 Batra : ExDW1/35
36.Registered Will dated 07.02.2003 executed by Mohan Mehta in favour of Hari Chand Batra : ExDW1/36
37.Receipt dt. 07.02.2003 executed by Mohan Mehta in favour of Hari Chand Batra : ExDW1/37
38.Possession Leter executed by Mohan Mehta in favour of Hari Chand Batra : ExDW1/38
39.Receipt of payment by Mohan Mehta for conversion of property to free hold marked as Mark-DW1/39
40.Certificate u/s 65 B of Indian Evidence Act : ExDW1/40
19. DW-1 was cross-examined at length by ld counsel for plaintiff.
20. DW-2 i.e. summoned witness Sh. Akshay Dabas from the office of Sub-registrar VI-A, Pitampura, Delhi. He brought the record of Will dated 21.08.2000 Ex.DW2/1 (already exhibited as DW1/21), GPA dated 21.08.2000 Ex.DW2/2 (already exhibited as DW1/23), GPA dated 07.02.2003 Ex.DW2/3 (already exhibited as DW1/7), Conveyance Deed Ex.DW2/4 (already exhibited as DW1/34) and Agreement to Sell dated 07.02.2003 Ex.DW2/5 (already exhibited as DW1/35). This witness was also cross-examined by ld counsel for plaintiff.
21. DW-3 i.e. summoned witness Sh. Deepak Kumar from the office of Sub-registrar VI-C, Rohini, Delhi. He brought the record of Agreement to Sell registered on dated 25.08.2006 Ex.DW3/1 (already exhibited as Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:38:06 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 12/24 DW1/29) and GPA registered on dated 25.08.2006 Ex.DW3/2 (already exhibited as DW1/30). Despite opportunity, this witness was not cross- examined by ld counsel for plaintiff.
22. After DE, final arguments were heard.
23. The issue-wise findings of this Court are as following:-
Issue No. (1) Whether plaintiff has not come before this Court with clean hands? OPD The onus to prove this issue was upon defendant no. 3 to 5 as in their written statement they have taken the plea that plaintiff has not come before this Court with clean hands and concealed the material facts from the Court. It is submitted that property bearing no.78 was initially allotted to Sh. Ashok Kumar and Smt. Shashi Gupta by DDA vide perpetual lease deed registered on 06.02.1992. It is submitted that said allottees sold the said property vide GPA dated 07.02.1992 to Sh. Mahender Kumar Goel and Sh. Mahender Kumar Goel sold the said property vide GPA dated 12.09.1994 to Sh. Ashwani Kumar. It is submitted that Sh. Ashwani Kumar sold the said property vide GPA dated 04.11.1994 to Sh. Yusuf Ali and Sh. Yusuf Ali sold the said property vide GPA dated 13.07.1995 to Sh. Tirath Dass Khurana. It is submitted that Sh. Tirath Dass Khurana sold the said property vide GPA dated 19.02.1996 to Sh. Mohan Mehta and Sh. Mohan Mehta got the said property mutated in his name and got Conveyance Deed registered in his name vide dated 07.02.2003. It is submitted that Sh. Mohan Mehta duly authorized Sh Hari Chand Batra vide registered GPA dated 07.02.2003 and Sh. Hari Chand Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:38:13 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 13/24 Batra being the GPA of Sh. Mohan Mehta sold the said property to Smt. Sarup Rani vide registered Sale Deed dated 19.02.2004. It is submitted that Smt. Sarup Rani sold the said property to Sh. Parmod Kumar Gupta vide registered Sale Deed dated 25.08.2006. It is stated that Smt. Sarup Rani sold the first and second floor with roof rights of said property to Sh. Parmod Kumar Gupta and Sh. Parmod Kumar Gupta sold the first and second floor with roof rights of said property to defendant no.5 vide registered Sale Deed dated 30.09.2011 and defendant no.5 is the real and sole owner and in possession of property no. 78.
24. It is submitted that property no.79 was initially allotted to Sh. Jagdish Chander Sharma by DDA vide perpetual lease deed registered on 25.07.1989 and Jagdish Chander Sharma sold the said property vide GPA, Agreement to Sell and Receipt dated 25.07.1989 to Sh. Vikas Goel. It is submitted that Sh.
Vikas Goel sold the said property vide GPA, SPA and Agreement to Sell dated 25.07.1995 to Sh. Tirath Dass Khurana and Sh. Tirath Dass Khurana sold the said property vide GPA, Agreement to Sell and Receipt dated 19.02.1996 to Sh. Mohan Mehta and Smt. Madhu Mehta. It is submitted that Sh. Mohan Mehta and Smt. Madhu Mehta sold the said property vide GPA dated 21.08.2000, Agreement to Sell and Receipt to Smt. Dropati and Smt. Dropati sold the said property vide registered GPA dated 19.02.2004, Agreement to Sell and Receipt to Smt. Sarup Rani and Smt. Sarup Rani sold the first and second floor with roof right of said property vide registered Agreement to Sell and registered GPA dated 25.08.2006 to Sh. Parmod Kumar Gupta. It is submitted that Sh. Parmod Kumar Gupta sold the first Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:38:19 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 14/24 and second floor with roof rights of said property to defendant no.5 vide registered Agreement to Sell and registered GPA dated 30.09.2011 and defendant no.5 is the real and sole owner and in possession of said property.
25. This Court is of the considered view that as per case of plaintiff, she is owner of second floor roof portion of suit property. The suit property consists of property bearing no. 78 & 79, G-3, Sector 16, Rohini, Delhi. As per case of plaintiff, she purchased the second floor roof portion of property bearing no. 78 from Janak Dulari and Mohan Mehta and purchased the second floor roof portion of property bearing no. 79 from Madhu Mehta and Mohan Mehta. It is submitted that Smt. Janak Dulari executed a Will, Affidavit and Possession Letter and Sh. Mohan Mehta executed a GPA in respect of second floor roof portion of property bearing no. 78 in favour of plaintiff. It is submitted that Mrs. Madhu Mehta executed a Will, Affidavit and Sh. Mohan Mehta executed a GPA, Affidavit and SPA in respect of second floor roof portion of property bearing no. 79 in favour of plaintiff.
26. (i) Perusal of record shows that in his testimony defendant no. 4 / DW- 1 has filed on record certain documents. Perusal of said document shows that plot bearing no. 78 was allotted by DDA to Sh. Ashok Kumar and Shashi Gupta vide perpetual lease deed dated 06.02.1992 Ex.DW1/1.
(ii) Perusal of record also shows that Sh. Ashok Kumar and Shashi Gupta executed a GPA dated 07.02.1992 Ex.DW1/2 in respect of said whole property in favour of Mahender Kumar Goyal and vide said GPA, amongst other powers, the power to sell the said property and to appoint any person as Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:38:25 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 15/24 attorney for the sale of the same, was also given to the person in whose favour GPA was executed.
(iii) Perusal of record also shows that said Sh. Mahender Kumar Goyal further executed the GPA dated 12.09.1994 in respect of said property in favour of Ashwani Kumar vide Ex.DW1/3 and similar powers, which were given to him were further given by him to Ashwani Kumar.
(iv) Perusal of record also shows that said Sh. Ashwani Kumar further executed the GPA dated 04.11.1994 in respect of said property in favour of Yusuf Ali vide Ex.DW1/4 and similar powers, which were given to him were further given by him to Yusuf Ali.
(v) Perusal of record also shows that said Sh. Yusuf Ali further executed the GPA dated 13.07.1995 in respect of said property in favour of Tirath Das Khurana vide Ex.DW1/5 and similar powers, which were given to him were further given by him to Tirath Das Khurana.
(vi) Perusal of record also shows that said Sh. Tirath Das Khurana further executed the GPA dated 19.02.1996 in respect of said property in favour of Mohan Mehta vide Ex.DW1/6 and similar powers, which were given to him were further given by him to Mohan Mehta.
(vii) Perusal of record also shows that said Sh. Mohan Mehta further executed the GPA dated 07.02.2003 in respect of said property in favour of Hari Chand Batra vide Ex.DW1/7 and similar powers, which were given to him were further given by him to Hari Chand Batra. Sh. Mohan Mehta also executed the Agreement to Sell Ex.DW1/35, Will Ex.DW1/36, Receipt Ex.DW1/37 and Possession Letter Ex.DW1/38 in favour of Sh. Hari Chand Batra.Digitally signed by DHARMENDER
DHARMENDER SINGH SINGH Date:
2024.11.04 15:38:31 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 16/24
(viii) Perusal of record also shows that said Sh. Hari Chand Batra executed a sale deed dated 19.02.2004 in respect of said property in favour of Sarup Rani vide Ex.DW1/8. Perusal of record also shows that Smt. Sarup Rani executed the sale deed dated 25.08.2006 in respect of said property in favour of Pramod Kumar Gupta vide Ex.DW1/9.
(ix) Perusal of record also shows that Sh. Pramod Kumar Gupta executed the sale deed dated 14.09.2011 in favour of defendant no. 5 vide Ex.DW1/10.
In this way, defendant no. 3 to 5 have shown that property bearing no. 78 was transferred in proper manner in favour of defendant no. 5.
27. (i) Perusal of record shows that plot bearing no. 79 was allotted to Sh. Jagdish Chand Sharma by DDA vide perpetual lease deed dated 24.07.1989 Ex.DW1/11.
(ii) Perusal of record also shows that Sh. Jagdish Chand Sharma executed GPA dated 25.07.1989 Ex.DW1/12 and Agreement to Sell Ex.DW1/13 in favour of Sh. Vikas Goel in regard to whole property bearing no. 79 and vide said GPA, amongst other powers, the power to sell the said property and to appoint any person as attorney for the sale of the same, was also given to the person in whose favour GPA was executed.
(iii) Perusal of record also shows that said Sh. Vikas Goel further executed the GPA vide Ex.DW1/14, Agreement to Sell vide Ex.DW1/15 and SPA vide Ex.DW1/16 in respect of said property in favour of Sh. Tirath Dass Khurana and similar powers, which were given to him were further given by him to Tirath Dass Khurana. Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:38:38 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 17/24
(iv) Perusal of record also shows that said Sh. Tirath Dass Khurana further executed the Agreement to Sell vide Ex.DW1/17 in favour of Ms. Madhu Mehta and executed GPA Ex.DW1/18 in favour of Sh. Mohan Mehta in respect of said property and similar powers, which were given to him were further given by him to Mohan Mehta.
(v) Perusal of record also shows that said Smt. Madhu Mehta further executed the Agreement to Sell vide Ex.DW1/19, Receipt Ex.DW1/20, Will Ex.DW1/21, SPA Ex.DW1/22, Possession Letter Ex.DW1/24 and Affidavit Ex.DW1/25 and Mohan Mehta executed GPA Ex.DW1/23 and Affidavit Ex.DW1/26 in favour of Ms. Dropati Batra and similar powers, which were given to earlier attorney were further given by him to Ms. Dropati Batra.
(vi) Perusal of record also shows that said Ms. Dropati Batra further executed the GPA Ex.DW1/27 and Agreement to Sell Ex.DW1/28 in favour of Ms. Sarup Rani and similar powers, which were given to her were further given by her to Ms. Sarup Rani.
(vii) Perusal of record also shows that said Ms. Sarup Rani further executed the Agreement to Sell Ex.DW1/29 and GPA Ex.DW1/30 in favour of Sh. Parmod Kumar Gupta and similar powers, which were given to her were further given by her to Sh. Parmod Kumar Gupta.
(viii) Perusal of record also shows that said Sh. Parmod Kumar Gupta further executed the Agreement to Sell Ex.DW1/31 and GPA Ex.DW1/32 in favour of defendant no. 5 and similar powers, which were given to him were further given by him to defendant no. 5. Agreement to Sell Ex.DW1/31 and GPA Ex.DW1/32 are registered documents and same were registered on 30.09.2011 in respect of First and Second Floor with roof rights of property Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:38:46 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 18/24 no. 79.
In this way, defendant no. 3 to 5 have shown that GPA Ex.DW1/32 and Agreement to Sell Ex.DW1/31 (both registered) in respect of property bearing no. 79 were duly executed in favour of defendant no. 5.
28. This Court is of the considered view that above facts were not revealed by plaintiff in her pleadings and concealed the same. In this way, this issue is decided in favour of defendant no. 3 to 5 and against plaintiff.
29. Issue No. (2) Whether plaintiff is entitled to the relief of declaration, as prayed for ? OPP The onus to prove this issue was upon plaintiff as she has filed the present suit and amongst other reliefs also seeking the relief of declaration. Plaintiff has prayed that decree of declaration be passed in her favour and all the transactions regarding sale and documents executed on dated 21.08.2000, 07.02.2003, 19.02.2004, 25.08.2006 and 30.09.2011 by other persons in respect of suit property be declared null and void and plaintiff be declared the owner of second floor roof portion of the suit property. It is also prayed that entire chain documents in respect of suit property executed after purchase of property by plaintiff on 14.09.2000, be declared null and void.
30. The documents dated 21.08.2000 are Agreement to Sell, Receipt, Will, SPA, GPA, Possession Letter and Affidavits executed in favour of Ms. Dropati Batra, said documents are Ex.DW1/19 to Ex.DW1/26. From these documents, Agreement to Sell, Receipt, Will, SPA, Possession Letter and one Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:38:53 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 19/24 Affidavit were executed by Ms. Madhu Mehta and GPA and one Affidavit were executed by Sh. Mohan Mehta. Said documents have been executed in respect of property no. 79.
31. The documents dated 07.02.2003 are Agreement to Sell, Will, Receipt and Possession Letter Ex.DW1/35 to Ex.DW1/38. Said documents were executed by Sh. Mohan Mehta in favour of Sh. Hari Chand Batra and are in respect of property no. 78.
32. The documents dated 19.02.2004 are GPA and Agreement to Sell Ex.DW1/27 and Ex.DW1/28 and executed by Ms. Dropati Batra in favour of Smt. Sarup Rani and are in respect of property no. 79.
33. Documents dated 25.08.2006 are Agreement to Sell and GPA Ex.DW1/29 and Ex.DW1/30 and executed by Ms. Sarup Rani in favour of Sh. Parmod Kumar Gupta and are in respect of property no. 79.
34. Documents registered on dated 30.09.2011 are Agreement to Sell and GPA Ex.DW1/31 and Ex.DW1/32 and executed by Sh. Parmod Kumar Gupta in favour of defendant no. 5 and are in respect of property no. 79.
35. This Court is of the considered view that as discussed in issue no. 1, said documents were duly executed by the authorized persons and accordinlgy, same cannot be declared null and void and consequently, the transactions, qua which same were executed also cannot be declared null and Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:39:00 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 20/24 void.
36. Plaintiff has also prayed that he be declared the owner of second floor roof portion of suit property. This Court is of the further view that in order to prove her case, plaintiff has filed on record the documents Ex.PW1/1 to Ex.PW1/13, however, none of said documents is a Sale Deed or Conveyance Deed and in absence of the same, plaintiff cannot be declared as owner of second floor roof portion of the suit property.
37. Plaintiff has also prayed that entire chain of documents in respect of suit property, executed after purchase of property by plaintiff on 14.09.2000 be declared null and void. This Court is of the considered view that as discussed in issue no. 1 that said documents were duly executed by authorized persons, so same cannot be declared null and void. Accordingly, issue no. 2 is decided in favour of defendant no. 3 to 5 and against plaintiff.
38. Issue No. (3) Whether plaintiff is entitled to the relief of possession, as prayed for ? OPP The onus to prove this issue was upon plaintiff as she is also seeking the relief of possession. She has prayed that decree of possession be passed in her favour and against defendants and defendants and their agents be directed to hand over the peaceful and vacant possession of second floor roof portion of suit property to plaintiff.
Digitally signed by DHARMENDERDHARMENDER SINGH SINGH Date:
2024.11.04 15:39:06 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 21/24
39. This Court is of the considered view that plaintiff has filed on record certain property documents i.e.:-
(i) GPA dated 14.09.2000 registered vide registration no. 41680:
Ex.PW1/2.
(ii) Affidavit of Ms. Janak Dulari dated 14.09.2000 : Ex.PW1/3.
(iii) SPA of Sh. Mohan Mehta dated 14.09.2000 in favour of K. Laxmi: Ex.PW1/4.
(iv) GPA dated 14.09.2000 registered vide registration no.41681 : Ex.PW1/5.
(v) Will dated 11.09.2000 having registration no.575 : Ex.PW1/6.
(vi) Affidavit of Ms. Madhu Mehta dated 11.09.2000 : Ex.PW1/7.
(vii) Copy of Receipt dated 11.09.2000 : Mark-A.
(viii) Agreement to Sell dated 11.09.2000 executed between Smt. Janak Dulai and K. Laxmi : Ex.PW1/8.
(ix) Will dated 14.09.2000 having registration no. 41972 : Ex.PW1/9.
(x) Agreement to Sell dated 11.09.2000 executed between Ms. Madhu Mehta and K. Laxmi : Ex.PW1/10.
(xi) Affidavit of Mohan Mehta dated 14.09.2000 : Ex.PW1/11.
(xii) Possession Letters, both dated 14.09.2000 : Ex.PW1/12 & Ex.PW1/12-A.
40. Out of said documents, documents Ex.PW1/2, Ex.PW1/4, Ex.PW1/6, Ex.PW1/7, Ex.PW1/10, Ex.PW1/11 and Ex.PW1/12-A are in respect of second floor roof portion of property bearing no. 79 and remaining Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:39:15 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 22/24 documents are in respect of second floor roof portion of property no. 78. This Court is of the view that none of said documents is a Sale Deed or Conveyance Deed. So, it is clear that plaintiff is not the owner of second floor roof portion of suit property.
41. The Agreement to Sell Ex.PW1/8 and Ex.PW1/10 are in respect of second floor roof portion of property no. 78 and second floor roof portion of property no. 79 respectively. Both are dated 11.09.2000. Perusal of record shows that Ex.PW1/8 has been executed by one Smt. Janak Dulari in favour of plaintiff and Ex.PW1/10 has been executed by Ms. Madhu Mehta in favour of plaintiff. Perusal of record shows that in respect of property no. 78, Smt. Janak Dulari was never authorized by previous owner or GPA holder to execute any Agreement to Sell in respect of said property. Perusal of record also shows that although Agreement to Sell Ex.DW1/17 was executed in favour of Ms. Madhu Mehta by previous GPA holder in respect of property bearing no. 79, however, no authority / GPA / SPA was executed in favour of Ms. Madhu Mehta to enter into Agreement to Sell qua property no. 79 with any person. In these circumstances, Smt. Janak Dulari and Ms. Madhu Mehta had no right to execute any Agreement to Sell in favour of plaintiff and accordingly, on the basis of said Agreements to Sell, plaintiff cannot claim possession even under Section 53 A of the Transfer of Property Act, 1882. Accordingly, this issue is also decided in favour of defendants and against plaintiff.
Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date: 2024.11.04 15:39:21 +0530 Civ DJ 354/19 K Laxmi Vs Bishan Singh 23/24 41. Relief :-
In view of aforementioned discussion, plaintiff is not entitled to any relief and accordingly, suit is dismissed with no order as to cost. Decree sheet be drawn accordingly. Digitally signed by File be consigned to Record Room. DHARMENDER DHARMENDER SINGH SINGH Date:
2024.11.04 15:39:27 +0530 Announced in the open Court (Dharmender Singh) on this 04th day of November, 2024. District Judge-01, (West) Tis Hazari Courts, Delhi Civ DJ 354/19 K Laxmi Vs Bishan Singh 24/24