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Showing contexts for: mutation dda in Cs No. 05/15/12 Mr. Arun Kumar vs . Mohit And Ors. Dod: 30.07.2016 on 30 July, 2016Matching Fragments
6. In the replication the plaintiff has denied the averments made in the written statement and has reiterated the ones made by him in the plaint.
Defendant no.4's Case
7. As per the defendant no.4, the Delhi Development Authority, the plaintiff has filed the present suit with malafide intentions and has concealed various material facts from the court. It has further been submitted that the plaintiff has no cause of CS No. 05/15/12 Mr. Arun Kumar Vs. Mohit and Ors. DOD: 30.07.2016 action against defendant no. 4 and therefore, the present suit is liable to be dismissed. It has been added that the plaintiff vide his letter dated 13.10.2006 had applied for mutation of the property in question in his favour and furnished the required documents including death certificate of late Mr. Ami Chand along with Indemnity Bond and other required doucments. In the said Indemnity Bond, the plaintiff had submitted that late Mr. Amit Chand had three legal heirs i.e. Mrs. Samoti Devi (Wife), Mr. Amar Singh (Son) and Mr. Phool Singh (Son), however, since he had not furnished the complete documents for the purpose of mutation, defendant no. 4/DDA vide its letters daed 14.11.2006, 21.02.2007 and 24.10.2007 requested the plaintiff to furnish the same along with relinquishment deed duly registered with Sub Registrar by all the legal heirs. Since the plaintiff failed to furnish the required documents, the mutation of the plot was not done by the defendant no. 4/DDA.
20. Issue No. 2. Whether the plaintiff has not come to the court with clean hands? OPD4 Issue no. 5. Whether the suit is not maintainable, in view of preliminary objection no. 7 of the written statement of def. no. 4 ? OPD4
21. The onus to prove these issues is on defendant no. 4/DDA.
It has been submitted on behalf of defendant no. 4/DDA that the plaintiff vide letter dated 13.10.2006 had applied for mutation in CS No. 05/15/12 Mr. Arun Kumar Vs. Mohit and Ors. DOD: 30.07.2016 his favour and furnished the required documents including the death certificate of late Mr. Ami Chand along with indemnity bond and other relevant documents. The Indemnity bond mention that late Mr. Ami Chand had three legal heirs i.e. Mrs. Samoti Devi (Wife), Mr. Amar Singh (son) and Mr. Phool Singh (son), since he had not furnished the complete documents of mutation, therefore, DDA vide letters dated 14.11.2006 (Ex.D4W1/1), letter dated 21.02.2007 (Ex.D4W1/2) and letter dated 24.10.2007 (Ex.D4W1/3) requested him to furnish the same along with relinquishment deed duly registered with Sub - Registrar by all the legal heirs if wanted to do so in his favour. Plaintiff failed to furnish the required documents of mutation due to which the mutation of the plot has not been done by the DDA. The plaintiff has not disclosed the true facts before the court. It has also been submitted that no individual file was traceable in DDA record, therefore, vide letter dated 15.09.2006, the plaintiff was requested to provide the authenticated copies of all the documents available with him in respect of the plot which was in his occupation as per survey of 1972 duly authenticated by an Architect for verification of the same before execution of lease deed, for resconstruction of part file and to execute the lease deed in his favour. It is also CS No. 05/15/12 Mr. Arun Kumar Vs. Mohit and Ors. DOD: 30.07.2016 submitted on behalf of defendant no. 4/DDA that the defendant no. 4/DDA neither sealed the suit property nor involved in any activity of illegal construction. It has been submitted that seal, if any, has been put by the Municipal Corporation of Delhi and not by the defendant no.4/DDA as defendant no. 4/DDA has no right to seal the same and stop the construction in terms of Meetings/Decision dated 27.05.2003 held between the Vice Chairman of Delhi Development Authority and Commissioner of Municipal Corporation of Delhi and orders passed by Hon'ble High Court of Delhi in Criminal Writ Petition No. 3135/2006 and letter dated 19.01.2012.