Delhi High Court - Orders
Poonam Batra vs Ashwani Kumar Sharma & Ors on 22 March, 2022
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~S-20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 167/2022 and I.A. 4369/2022 & 4371/2022
POONAM BATRA ..... Plaintiff
Through: Mr. Aditya Wadhwa and Mr. Aaditya
Ghambhir, Advocates.
versus
ASHWANI KUMAR SHARMA & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 22.03.2022
CS(OS) 167/2022
The plaintiff, who claims to be the owner in possession of property bearing No. 154, Sector 17, Block A-2, Dwarka, New Delhi admeasuring approximately 150 sq. yds., has filed the present suit claiming a decree of declaration that the purported sale deed dated 20.10.2017 alleged to have been executed by one Mr. Pawan Kumar Garg, defendant No. 3, in favour of one Mr. Ashwani Kumar Sharma, defendant No. 1, is forged, fabricated, non-est and illegal; and further that the mortgage created upon the subject property based on the allegedly false and fabricated sale deed in favour of M/s Axis Bank Ltd., defendant No. 4, is also therefore illegal and non-est and not binding upon the plaintiff. The plaintiff also seeks a decree of permanent injunction restraining the defendants from interfering with the plaintiff's ownership, possession and enjoyment of the subject property.
Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:25.03.2022 CS(OS) 167/2022 Page 1 of 7 13:07:132. Mr. Aditya Wadhwa, learned counsel appearing for the plaintiff, submits that the plaintiff purchased the subject property in two parts, vidé registered sale deeds dated 16.06.2010 and 09.09.2019 executed in her favour by one Mr. Harjit Singh Shah; and has been in possession of the subject property since 2010 and 2019 thereunder. Counsel submits that the subject property was initially just a plot of land, upon which the plaintiff has subsequently constructed a four- storeyed building, which building has not been occupied so far since it is only partly complete.
3. Counsel has handed-up in court a tabulated summary of the chain of title in respect of the subject property, which is set-out herein below:
Date Document Particulars Reference to
Index-IV
Allotment of the Property by DDA to Inderjit Singh @ Kal Pg. 1-8
27.06.2003 Singh (D-1)
Mutation by DDA consequent upon death of Inderjit Singh Pg. 9-11
20.11.2003 @ Kal Singh in favour of his son Darshan Singh (D-1)
Perpetual Lease by DDA in favour of Darshan Singh/Deep Pg. 26-40
30.01.2004 Kaur (D-1)
Bundle of documents to convey title by Darshan Singh (and Pg. 12-25,
30.01.2004 his wife Deep Kaur) in favour of Ms. Usha Garg 41-70
(D-1)
Bundle of documents viz. GPA, SPA, Agreement to Sell, Pg. 71-117 21.04.2004 Will, Affidavit, Possession Letter, to convey subject property (D-1) by Ms. Usha Garg in favour of Mr. Pawan Kumar Garg Registered Conveyance Deed executed by DDA in favour of Pg. 118-123 04.05.2005 Pawan Kumar Garg. (D-1) Registered Sale deed by Pawan Kumar Garg in favour of Pg. 124-133 09.11.2005 Rakesh Batra (D-2) Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:25.03.2022 CS(OS) 167/2022 Page 2 of 7 13:07:13 Registered Sale deed by Rakesh Batra in favour of Harjit Pg. 134-158 02.03.2006 Singh Shah (D-3) Registered Sale deed by Harjit Singh Shah in favour of Pg. 159-170 16.06.2010 Poonam Batra for half-undivided share of property (D-4) Registered Sale deed by Harjit Singh Shah in favour of Pg. 171-181 09.09.2019 Poonam Batra for remaining half-undivided share of (D-5) property.
4. The plaintiff has also placed on record copies of the documents evidencing the chain of title, starting from the time that the subject property (then a plot of land) was originally allotted to Mr. Inderjeet Singh alias Kal Singh by the Delhi Development Authority vidé demand-cum-allotment letter dated 27.06.2003 and the subsequent transfer of title of the subject property to various persons.
5. For purposes of the present proceedings, it is sufficient at this stage to notice that, according to the plaintiff, vidé conveyance deed dated 04.05.2005executed by the DDA in favour of Mr. Pawan Kumar Garg, freehold title to the subject property (plot) was transferred to Mr. Pawan Kumar Garg.
6. It is also the plaintiff's contention, supported by copies of documents placed on record, that subsequently, vidé registered sale deed dated 09.11.2005, Mr. Pawan Kumar Garg transferred the subject property (plot) to Mr. Rakesh Batra, who is the plaintiff's husband; and Mr. Rakesh Batra then transferred the subject property to Mr. Harjit Singh Shah via registered sale deed dated 02.03.2006; and later, vidé registered sale deeds dated 16.06.2010 and 09.09.2019, Mr. Harjit Singh Shah transferred the subject property, in two separate Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:25.03.2022 CS(OS) 167/2022 Page 3 of 7 13:07:13 transactions, in favour of Ms. Poonam Batra, the plaintiff.
7. While this court has queried Mr. Wadhwa as to the reason for this apparently 'circular sale' of the subject property by the plaintiff's husband to Mr. Harjit Singh Shah and thereafter by Mr. Harjit Singh Shah back to the wife, viz. the plaintiff, Mr. Wadhwa does not have any clear explanation for it; except to say that, in any case, all such transfers have happened by way of registered sale deeds, to which no one has ever raised any objection.
8. The grievance today however is, that vidé a purported sale deed dated 20.10.2017 the entire subject property is alleged to have been transferred by one Mr. Pawan Kumar Garg s/o Mr. Ganga Bishan Gupta, defendant No. 3, in favour of one Mr. Ashwani Kumar Sharma, defendant No. 1.
9. As Mr. Wadhwa points-out, on the purported date of execution of the sale deed dated 20.10.2017, at least one-half share of the subject property stood in the name of the plaintiff by way of registered sale deed dated 16.06.2010; and the other half share was transferred subsequently vidé registered sale deed dated 09.09.2019 by Mr. Harjit Singh Shah in favour of the plaintiff, without any objection by anyone.
10. It is also pointed-out, that on a plain visual comparison of the photographs of Mr. Pawan Kumar Garg s/o Mr. Ganga Bishan Gupta affixed on purported sale deed dated 20.10.2017 (at page 188 of the plaintiff's documents) with the photograph of Mr. Pawan Kumar Garg s/o Mr. Ganga Bishan Gupta appearing on sale deed dated 09.11.2005 (at page 124 of the plaintiff's documents), which latter document was Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:25.03.2022 CS(OS) 167/2022 Page 4 of 7 13:07:13 executed in favour of the plaintiff's husband Mr. Rakesh Batra, it is apparent that the executants of the two documents, though both are named Pawan Kumar Garg s/o Mr. Ganga Bishan Gupta, are not the same person.
11. Mr. Wadhwa contends that the plaintiff learned of the alleged forgery and fabrication of the sale deed in respect of the subject property only when officials of Axis Bank Ltd. approached the plaintiff at the subject property, claiming that a loan had been taken against that property, repayment of which was in default.
12. Mr. Wadhwa submits, that on learning about the wrong-doing, the plaintiff made a written complaint dated 17.02.2021 to the local police station, which culminated in the registration of FIR No. 857/2021 dated 10.12.2021 under sections 420, 468, 471 and 34 of the Indian Penal Code 1860 at PS : Dwarka (North).The plaintiff also caused to be issued to Axis Bank Ltd., lawyer's notices dated 08.02.2021, 19.02.2021 and 02.02.2022 on the subject; to which Axis Bank Ltd. has responded stating that they had noted the contents thereof and had" ... initiated an internal enquiry to validate the claim of your client and to take further suitable action thereon ...".
13. In view of the above, let the plaint be registered as a suit.
14. Issue summons in the suit.
15. Upon the plaintiff taking steps within one week, let summons be served upon the defendants by all permissible modes. Let the summons indicate that the defendants are required to file written statement to the plaint within 30 days from the date of the receipt of summons; alongwith affidavit of admission/denial of the documents Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:25.03.2022 CS(OS) 167/2022 Page 5 of 7 13:07:13 filed by the plaintiffs. The plaintiffs may file replication to the written statement within 30 days thereafter; alongwith affidavit of admission/denial of the documents filed by defendants.
16. List before the learned Joint Registrar for completion of pleadings, for admission/denial of documents and marking of exhibits on 27.04.2022.
17. List before court on 28.07.2022.
IA. 4370/2022 (Order 39 Rules 1 and 2)
18. By way of the present application, the plaintiff seeks an interim order restraining defendants Nos. 1, 2 and 4 and persons acting for or in their behalf, from interfering with the ownership, possession and enjoyment of the subject property by the plaintiff.
19. Issue notice on the application.
20. Upon the plaintiff taking steps, let notice be served upon the defendants by all permissible modes.
21. Let defendants file reply to the application within 30 days of service;
rejoinder thereto, if any, be filed by the plaintiff within 04 weeks thereafter, after exchanging copies with the opposing counsel.
22. In view of what has been recorded above, this court is satisfied that the plaintiff has made out a prima-facie case in her favour; that the balance of convenience lies in favour of the plaintiff and against the defendants; and that irreparable harm and injury may be caused to the plaintiff if an ad-interim order is not granted ex-parte in favour of the plaintiff and against the defendants.
23. Accordingly, it is directed that defendants Nos. 1, 2 and 4 and any person acting for or in their behalf, are restrained from interfering Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:25.03.2022 CS(OS) 167/2022 Page 6 of 7 13:07:13 with the plaintiff's possession and enjoyment of property bearing No. 154, Sector-17, Block A-2, Dwarka, New Delhi, till the next date of hearing. It is further directed that status quo shall be maintained in respect of the title and ownership of the subject property, till the next date of hearing.
24. List before court on 28.07.2022.
ANUP JAIRAM BHAMBHANI, J MARCH 22, 2022 sk/vc Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:25.03.2022 CS(OS) 167/2022 Page 7 of 7 13:07:13