Delhi District Court
Ishwar Chand vs Darvan Singh on 6 June, 2025
CS No. 71/22
CNR No. DLNT01-000792-2022
In the matter of :-
Ishwar Chand
S/o Sh. Daya Nand
R/o H.No. 111, Block E,
Yadav Nagar, Delhi-110042
...... Plaintiff
Versus
Mr. Darvan Singh
S/o Sh. Chander Singh
R/o H.No. 175, Kushak No.2,
Kadipur, Delhi-110036
.....Defendant
Date of Institution : 01.02.2022
Date of Decision : 06.06.2025
EX-PARTE JUDGMENT
1.The plaintiff has filed the present suit for declaration, possession, permanent and mandatory injunction stating inter alia that defendant is property dealer and neighbour of plaintiff. Plaintiff is the owner of property/plot area measuring 217 sq yds out of total area measuring 320 sq yds out of Khasra No.1162 (4-
16) situated in the area of Village Kadipur, Abadi known as Kushak No.2, Delhi-110036(hereinafter be referred to as suit property), by virtue of document such as GPA, Agreement to Sell, Deed of Will, Receipt, Possession Letter, Affidavit, all dated CS No. 71/2022 Ishwar Chand Vs. Darvan Singh Page No. 1 of 8 17.09.2018, executed by Smt. Jyoti Saini in favour of the plaintiff, duly notarized. In the month of February, 2019, on the willingness shown by defendant, the plaintiff agreed to sell his property to the defendant for a total sale consideration of Rs.32,00,000/- and an amount of Rs.3,00,000/- was agreed to be paid to the plaintiff for some extra work. The necessary documents dated 05.02.2019 were executed by the plaintiff in favour of the defendant with respect to aforesaid property, duly notarized by Notary Public and are in possession of the defendant. The defendant issued two post dated cheques, one bearing no.209979 of Rs.25.0 lacs dated 31.10.2019 and cheque no.024686 of Rs.10.0 lacs dated 31.10.2019. It was agreed that the possession of the suit property shall be handed over to the defendant only after the encashment of the said cheques, however, on the persistent requests of defendant, plaintiff handed over the possession of the suit property to the defendant in March, 2019. However, the aforesaid two cheques got dishonoured on presentation by the plaintiff vide memos dated 02.11.2019 with remarks 'funds insufficient'.
2. It is further stated that plaintiff made requests to the defendant on several times to pay the said agreed amount, but the defendant did not pay any heed and refused to pay the agreed amount and threatened the plaintiff to face dire consequences.
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3. It is further stated that on 11.11.2019, the plaintiff got issued legal notice to the defendant, but despite service the defendant failed to comply with the same. On 11.11.2019, plaintiff also executed a notarized deed of cancellation of GPA dated 05.02.2019 and also given in the newspaper dated 13.11.2019 publishing about cancellation of documents dated 05.02.2019.
4. It is further averred that on 17.11.2019, the defendant threatened the plaintiff to sell or create third party interest in respect of the suit property on the basis of the sale documents dated 05.02.2019. Hence, the present suit.
5. Summons were served upon the defendant by way of publication in the newspaper Rashtriya Sahara on 22.03.24, however, despite service, defendant failed to appear and accordingly, vide order dated 11.07.2024, he was proceeded ex parte.
6. The plaintiff, in order to prove his case, examined Sh. Ishwar Chand as PW1 by way of affidavit in evidence Ex. PW1/A and relied upon the following documents :
1. Copy of Aadhar Card of deponent Ex. PW-1/1(OSR).
2. Site plan of the suit property Ex. PW-1/2.
3. The GPA, Agreement to Sell, Deed of Will, Receipt, CS No. 71/2022 Ishwar Chand Vs. Darvan Singh Page No. 3 of 8 Possession Letter, Affidavit, all dated 17.09.2018, executed by Smt. Jyoti Saini W/o Sh. Krishan Kumar in favour of deponent, Ex. PW-1/3 (Colly., running into 13 pages).
4. The photocopies of GPA, Agreement to Sell, Deed of Will, Receipt, Possession Letter, Affidavit, all dated 05.02.2019, executed by deponent in favour of Sh. Darwan Singh S/o Sh.
Chander Singh, Mark 'A' (colly.) as the original are in possession of defendant.
5. Original dishonoured cheque no. 209979 dated 31.10.2019 of Rs. 25,00,000/-, drawn on Indusind Bank Ex. PW-1/4.
6. Return memo dated 02.11.2019 of dishonoured cheque no. 209979 Ex. PW-1/5.
7. Original dishonoured cheque no. 024686 dated 31.10.2019 of Rs. 10,00,000/-, drawn on Oriental Bank of Commerce Ex. PW-1/6.
8. Return memo dated 02.11.2019 of dishonoured cheque no. 024686 Ex. PW-1/7.
9. Copy of legal notice dated 11.11.2019 Ex. PW-1/8.
10. Original two postal receipts which Ex. PW-1/9 and Ex. PW-1/10.
11. Photocopy of intimation dated 11.11.2019 sent by the deponent to the defendant regarding cancellation of GPA qua suit property Ex. PW-1/11. The same was de-exhibited and now marked as Mark 'B' alongwith postal receipt dated 11.11.2019.
12. Cancellation of GPA dated 11.11.2019 Ex. PW-1/12.
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13. Letter dated 11.11.2019 sent by the deponent through his counsel to Chief Editor Jansatta and Indian Express Newspapers for advertising public notice Ex. PW-1/13.
14. Original newspapers i.e. Indian Express and Jansatta both dt. 13.11.2019 Ex. PW-1/14 and Ex. PW-1/15.
7. I have heard ex-parte final arguments advanced by Ld. counsel for the plaintiff and have gone carefully through the material on record.
8. In C.S. Rowjee v. State of Andhra Pradesh, 1964 AIR 962 it was held by the Apex Court that facts in the affidavit uncontroverted by opposite party can be deemed as admitted by the other side. Further, in Sushma Berlia & Ors. vs Kamal Kumar & Ors., 2014 SCC OnLine Del it was observed by Hon'ble Delhi High Court that Testimony of PW-1 (Bharat Bhushan) has remained unchallenged and unrebutted. Adverse inference is to be drawn against the defendants for not contesting the suit on adjourned date and remaining ex- parte. There are no sound reasons to disbelieve the positive uncontroverted testimony of PW-1.
9. In the present case, as the defendant remained ex-parte, the testimony of PW1 remained unrebutted. As such this court has no reason to not believe the case of the plaintiff.
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10. The plaintiff has proved on record various documents which shows that plaintiff had executed the sale documents in favour of the defendant and when the cheques issued by the defendant in favour of plaintiff against the sale consideration got dishonoured, the plaintiff also executed the documents thereby canceling the earlier executed sale documents in favour of the defendant. The plaintiff has also proved on record the aforesaid two cheques in original, issued by the defendant against the sale consideration of suit property which got dishonoured on presentation. The plaintiff has also proved on record other documents i.e. cheque returning memos, legal notice etc.
11. Since the defendant has remained exparte, it means he has admitted the case of the plaintiff to be true and correct. The testimony of PW1 being unchallenged and uncontroverted is to be believed as true and correct. This court further has no reason to not to believe the case of the plaintiff as presented and proved by the plaintiff/PW1. The suit of the plaintiff is well within the period of limitation and does not suffer from any legal infirmity or any other technical defect.
Relief
12. In the aforesaid facts and circumstances of the case, the suit of the plaintiff is decreed in following terms:
CS No. 71/2022 Ishwar Chand Vs. Darvan Singh Page No. 6 of 8 A.) A decree of declaration is passed in favour of the plaintiff and against the defendant thereby declaring that GPA, Agreement to Sell, Affidavit, Receipt, Possession Letter, Deed of Will, all dated 05.02.2019 executed by plaintiff in favour of the defendant with respect to the suit property i.e. property/plot area measuring 217 sq yds out of total area measuring 320 sq yds out of Khasra No.1162 (4-16) situated in the area of Village Kadipur, Abadi known as Kushak No.2, Delhi-110036, are null and void.
B.) A further decree of mandatory injunction is passed in favour of plaintiff and against the defendant thereby defendant is directed to return all original documents such as GPA, Agreement to Sell, Affidavit, Receipt, Possession Letter, Deed of Will, all dated 05.02.2019 executed by plaintiff in favour of the defendant with respect to the suit property to the plaintiff. C.) A further decree of permanent injunction is passed in favour of plaintiff and against the defendant thereby the defendant, his employees, LRs, associates etc are restrained permanently from disposing off or creating third party interest in the suit property in any manner whatsoever. D.) A further decree of possession is passed in favour of plaintiff and against the defendant thereby defendant, his legal heirs, successors, nominees, representatives etc are directed to handover the peaceful physical and vacant possession of the suit property i.e. property/plot area measuring 217 sq yds out of total area measuring 320 sq yds out of Khasra No.1162 (4-16) situated CS No. 71/2022 Ishwar Chand Vs. Darvan Singh Page No. 7 of 8 in the area of Village Kadipur, Abadi known as Kushak No.2, Delhi-110036, to the plaintiff.
13. The plaintiff is entitled to recover costs of the suit from the defendant.
14. Decree sheet shall be prepared accordingly.
15. File be consigned to Record Room after due compliance, through court concerned.
Note : This file has been carried by me since it was fixed for orders in which I had heard the arguments in pursuance of Transfer Posting orders No.15/D-3/Gaz.1A/DHC/2025, dated 30.05.2025.
(Kishor Kumar) Joint Registrar(Judicial) High Court of Delhi Delhi/06.06.2025 CS No. 71/2022 Ishwar Chand Vs. Darvan Singh Page No. 8 of 8