Delhi High Court - Orders
Kuldeep Sugandh vs Ajit & Ors on 20 January, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 39/2023
KULDEEP SUGANDH ..... Plaintiff
Through: Mr. Dayan Krishnan, Sr. Advocate
with Mr. Ankit Jain, Mr. Nishant
Datta, Mr. Pradeep Bhardwaj &
Mr. Chirag Rathi, Advocates.
versus
AJIT & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 20.01.2023 I.A. 1172/2023 (Exemption from filing original documents/ certified copies and dim annexures).
The application for exemption is allowed, subject to the plaintiff granting inspection of the documents filed, as and when required to do so, or filing the original documents at the stage of admission/denial.
The application stands disposed of.
I.A. 1173/2023 (Application on behalf of plaintiff under Section 148 of the Code of Civil Procedure, 1908 seeking enlargement of time for deposit of court fees)
1. This is an application for enlargement of time to deposit the court fee. Learned counsel for the plaintiff states that the court fees has been paid in full and seeks some time to file it. The same may be done within a period of two weeks.
2. The application is disposed of.
I.A. 1174/2023 & I.A. 1243/2023
1. These applications have been filed for exemption from service of Signature Not Verified Digitally Signed By:SHITU NAGPAL CS(OS) 39/2023 Page 1 of 6 Signing Date:21.01.2023 13:18:24 notice to the Sub-Registrar under Section 80 of the Code of Civil Procedure, 1908 and for exemption from serving advance copy of the plaint to the defendant Nos.1 to 4.
2. Having regard to the nature of the interim relief sought, the applications are allowed.
CS(OS) 39/2023
1. The plaint be registered as a suit. Summons be issued to the defendants by all permissible modes on filing of process fee. Dasti service on defendant Nos. 1 to 4 in addition is also permitted.
2. The affidavit of service be filed by the plaintiff within one week from today.
3. The summons shall indicate that the written statements must be filed within thirty days from the date of receipt of the summons. The defendants shall also file affidavits of admission/denial of the documents filed by the plaintiff, failing which the written statements shall not be taken on record.
4. The plaintiff is at liberty to file replications thereto within fifteen days after filing of the written statements. The replications shall be accompanied by affidavits of admission/denial in respect of the documents filed by the defendants, failing which the replications shall not be taken on record.
5. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
6. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018. I.A. 1171/2023 (under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908) Signature Not Verified Digitally Signed By:SHITU NAGPAL CS(OS) 39/2023 Page 2 of 6 Signing Date:21.01.2023 13:18:24
1. The plaintiff has filed the present suit for cancellation of two sale deeds dated 29.12.2022, whereby the defendant No.2 has, on the strength of a Special Power of Attorney dated 20.10.2022 ["SPA"] issued by the plaintiff, sought to transfer portions of a property owned by the plaintiff, bearing No. WZ-315A, measuring 145 Sq. Yds., Khasra No. 276, 277, situated in Village Nangal Raya, known as Lajwanti Garden, New Delhi- 110046 [hereinafter referred to as "the Lajwanti Garden Property"] to the defendant No. 3.
2. It is the case of the plaintiff that he entered into a transaction for exchange of immovable properties with the defendant Nos. 1 & 4, who were introduced to him by defendant Nos. 2 & 3, who carry on business as real estate brokers. According to the plaintiff, the transaction contemplated transfer of his property, being the Lajwanti Garden Property, to the defendant Nos. 1 & 4 with a simultaneous transfer of a property owned by the defendant Nos. 1 & 4 bearing No. G-34, Green Park, New Delhi [hereinafter referred to as "the Green Park Property"] to the plaintiff.
3. The plaintiff claims that pursuant to the aforesaid agreement, he paid a sum of Rs. 1.47 Crores to the defendant No.1. He relies upon a bank statement (Document-15 of the plaintiff's list of documents) which shows a transfer of the sum of Rs.70 Lakhs from the plaintiff's account to the account of defendant No.1 during the period 18.11.2022 to 12.12.2022. Additionally, he submits that a sum of Rs.77 Lakhs was paid in cash, partly directly to the defendant No.1 (evidenced by Receipt dated 10.08.2022, Document-10 of the plaintiff's list of documents) and partly by payment made to defendant No.1 through defendant No.2 (evidenced by receipt dated 06.08.2022, Document-11 of the plaintiff's Signature Not Verified Digitally Signed By:SHITU NAGPAL CS(OS) 39/2023 Page 3 of 6 Signing Date:21.01.2023 13:18:24 list of documents).
4. The plaintiff also states that the original title deed of the Green Park Property was handed over to him by the defendant Nos. 1 & 4. The title deed has been filed as Document-9 of the plaintiff's list of documents showing transfer of the Green Park Property in favour of the defendant Nos. 1 & 4 by the registered sale deed dated 30.06.2022. Mr. Dayan Krishnan, learned Senior Counsel for the plaintiff, states that the original of the said title deed remains in the possession of the plaintiff.
5. In order to complete the transaction, the plaintiff also issued SPA dated 20.10.2022 in favour of defendant No.2, to enable him to take steps for the transfer of the Lajwanti Garden Property to the defendant Nos. 1 & 4. It is submitted by Mr. Krishnan that the SPA was executed as the transaction outlined above contemplated simultaneous registration of the conveyance deeds in respect of the Lajwanti Garden Property and the Green Park Property at the offices of two different Sub-Registrars.
6. The present suit has been necessitated by the plaintiff upon learning about the execution of the two sale deeds dated 29.12.2022 (registered on 30.12.2022) by defendant No.2 in favour of defendant No.3.
7. One sale deed contemplates sale of the Basement and Ground Floor of the Lajwanti Garden Property by the plaintiff to defendant No.3 for a consideration of Rs.62 Lakhs. Details of payment of the sum of Rs.62 Lakhs have been mentioned in Clause 1 of the sale deed, out of which Mr. Krishnan states that the plaintiff received only a sum of Rs. 19 Lakhs by the first three transactions dated 02.12.2022, 07.12.2022 & 12.12.2022.
8. The second sale deed contemplates transfer of the First and Second Signature Not Verified Digitally Signed By:SHITU NAGPAL CS(OS) 39/2023 Page 4 of 6 Signing Date:21.01.2023 13:18:24 Floor of the Lajwanti Garden Property by the defendant No.2 to the defendant No.3 also for a consideration of Rs.62 Lakhs. Mr. Krishnan states that no amount out of the various amounts mentioned in Clause 1 of the said sale deed have been received by the plaintiff.
9. Clause 3 of each of the sale deeds records that vacant physical possession of the Lajwanti Garden Property has been delivered to the defendant No.3, however, Mr. Krishnan submits that the plaintiff remains in possession of the First and Second Floor of the property as his residence, and Punjab National Bank is in possession of Basement and Ground Floor of the property as his tenant.
10. It has also been discovered by the plaintiff from the public database maintained by the Government of NCT of Delhi, Delhi Online Registration Information System (DORIS) that as far as the Green Park Property is concerned, the defendant Nos. 1 & 4 had entered into a transaction for sale of the said property with one Rubel Florist Pvt. Ltd. (arrayed as defendant No.6 in the instant suit). The screenshot of the said transaction has been placed on record as Document-18 of the plaintiff's list of documents. It appears to indicate that a sale deed in respect of Green Park Property was registered between the defendant Nos. 1 & 4 on the one hand, and defendant No.6 on the other hand, on 16.09.2022, even after which the defendant No.1 has received a sum of Rs.70 Lakhs by bank transfer from the plaintiff.
11. At this stage, Mr. Krishnan seeks an ad-interim order of status quo with regard to the title and possession of the Lajwanti Garden Property.
12. I am of the view that the plaintiff has made out a prima facie case for grant of such a limited ad-interim order at this stage. Although the execution of the SPA by the plaintiff in favour of the defendant No.2 is Signature Not Verified Digitally Signed By:SHITU NAGPAL CS(OS) 39/2023 Page 5 of 6 Signing Date:21.01.2023 13:18:24 admitted, the two sale deeds indicate that the property has been sold for a consideration which the plaintiff states that he has never received. The plaintiff also claims that possession of the property remains with him at this stage. The transaction relating to the Green Park Property would also have to be explained by defendant Nos. 1 to 4 in view of the facts and circumstances outlined above.
13. The balance of convenience is also in favour of such ad-interim relief being granted. I am satisfied that the plaintiff would suffer irreparable loss and injury if third party interests are created in the Lajwanti Garden Property at this stage.
14. The parties are, therefore, directed to maintain status quo with regard to the title and possession of the suit property i.e. House No.WZ- 315A, Lajwanti Garden, New Delhi-110046, until the next date of hearing.
15. Compliance with Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 be made within one week.
16. The defendants may file a reply to the application within two weeks after service. They are also at liberty to apply for vacation, variation or modification of this ad-interim order, if necessary.
17. List before the Court on 21.02.2023.
18. List before the Joint Registrar on 27.03.2023.
19. Copy of this order be given Dasti under signatures of the Court Master.
PRATEEK JALAN, J JANUARY 20, 2023/'nc'/s Signature Not Verified Digitally Signed By:SHITU NAGPAL CS(OS) 39/2023 Page 6 of 6 Signing Date:21.01.2023 13:18:24