Delhi High Court - Orders
Lt Col Dr Yasmin Yusufzai Retd vs Mr Awes Rajput & Ors on 4 January, 2022
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1/2022
LT COL DR YASMIN YUSUFZAI RETD ..... Plaintiff
Through: Mr.Asif Ahmed and Mr.Prateek
Dhanda, Advocates.
versus
MR AWES RAJPUT & ORS. ..... Defendants
Through: Ms.Sarita Pandey, Advocate for
Mr.Anupam Srivastava, ASC for
GNCTD/D5.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 04.01.2022
1. The hearing has been conducted through Video Conferencing.
IA No.1/20222. Exemption allowed, subject to all just exceptions.
3. The application stands disposed of.
CS(OS) 1/2022, I.A.Nos.02/2022, 03/2022
4. This suit is filed by plaintiff for declaration, permanent injunction, mandatory injunction, recovery of possession and cancellation of sale deeds dated 09.07.2020 and 29.07.2020 in relation to the suit property.
5. The plaintiff claims to be an owner of suit property bearing No.S-398, Greater Kailash-I, New Delhi comprising of ground floor and rear basement floor, which was purchased vide registered sale deed dated 18.2.2013. It is alleged in July 2014, the defendant No.1 was inducted by the plaintiff as tenant on the basis of oral tenancy in the suit property on the assurance of her sister-in-law. The oral tenancy was granted for 11 months from July 2014 till May 2015 and was extended thereafter. The rental varied from Rs.80,000/- in July 2014 to Rs.68750/- in January 2016; and from February Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:06.01.2022 15:33 2016, the rental was Rs.81,818/- till December 2016.
6. Thereafter, lease deed dated 06.01.2017 was executed for a period of 11 months from 06.01.2017 till 05.12.2017 at a monthly rental of Rs.90,910/-. The defendant No.1 again paid the advance rental of Rs.10.00 lacs vide two cheques bearing No.173602 and 173603 dated 27.12.2016 and 29.12.2016 respectively.
7. It is also alleged in December 2017, when the defendant No.1 was asked to vacate the suit property on expiry of lease deed, the defendant No.1 requested the plaintiff to renew the lease deed for another 11 months on advance payment of rental of Rs.10.00 lacs. However, neither the fresh lease deed was executed nor the monthly rental paid by defendant No.1. Eventually, in August 2018 the defendant No.1 agreed to vacate the suit property by September 2018 and also to clear the outstanding rental. He however, executed the lease deed dated 24.08.2018 for the period between 01.11.2017 to 30.09.2018 at monthly rental of Rs.90,910/-, but did not pay any rental and also did not vacate the suit property. The legal notice dated 29.01.2019 was issued to defendant No.1 and thereafter on 11.03.2019, the plaintiff filed CS No.219/2019 titled Yasmin Yusufzai vs Awes Rajput before the learned District Judge, Saket Courts, Delhi.
8. It is also alleged on 04.05.2019, the status quo order was passed by learned Additional District Judge, Saket Courts directing the defendant No.1 to maintain status quo with respect to suit property and not to create any third party rights. Thereafter, the plaintiff moved an application under Order 12 Rule 6 CPC for decree of possession in view of certain admissions made by the defendant No.1 in his pleadings. In such suit though the decree for possession was passed on 17.07.2020, but in order to curtail the right of the Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:06.01.2022 15:33 plaintiff, the defendant No.1 fraudulently sold the suit property to defendant No.2 on 09.07.2020 showing the plaintiff as his wife. Thereafter, within 20 days, the defendant No.2 had sold the suit property on 29.07.2020 to defendants No.3 & 4 showing the plaintiff as witness to the said sale deed.
9. The learned counsel for the plaintiff submits there is no reason for the plaintiff to execute the sale deed either in favour of the defendant No.2 or defendants No.3 & 4 since she had already obtained the decree of possession, which remained unchallenged till date.
10. In the circumstances, summons of the suit and notice of applications be issued to defendants through all modes/email and whatsapp returnable before the Joint Registrar on 07.04.2022. Till the next date of hearing, the parties shall maintain the status quo in respect of the possession and title of the suit property. Compliance of Order 39 Rule 3 CPC be made by plaintiffs within 10 days.
11. The learned counsel for defendant No.5 accepts summons and notice and seeks to file written statement/replies. As sought, the written statement/ replies be filed by defendant No.5 within statutory period with an advance copy thereof to the learned counsel for the plaintiff through email. Replication/rejoinder thereto, if any, also be filed within two weeks thereafter.
12. In view of specific prayer made in the injunction application being IA No.3/2022, it be listed before this Court on 04.03.2022.
13. Upon completion of service/pleadings, the matter be listed before this Court. Order dasti.
YOGESH KHANNA, J.
JANUARY 04, 2022 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:06.01.2022 15:33