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CS DJ No. 209865/2016 Gunjan Kumar Vs. Vipin Kumar Parwanda & Anr. Page No. 4/24

In reply on merits, the defendants have specifically denied each and every fact alleged in the plaint and has prayed for the dismissal of the suit.

4. The Plaintiff has filed separate replications to the written statement of defendants thereby reaffirming and reiterating the contents of plaint and denying the contents of written statement.

5. From the pleadings of the parties, following issues were framed vide order dated 07.06.2016:

6.2 PW­3 Shri Dheeraj Kumar was the summoned witness who brought the summoned record in respect of Sale Deed dated 15.01.2010 registered on 22.01.2010 vide registration no. 836 in Additional Book No. 1 Vol. No. 9810 at pages 9 to 15 and certified copy of same is Ex.PW3/1. 6.3 PW­4 Shri Praveen Kumar was the summoned witness who brought the summoned record i.e. registered GPA dated 04.04.1995 executed by Smt. Sarita Parwanda W/o Shri Vipin Kumar Parwanda in favour of her husband Shri Vipin Parwanda which was registered vide registration no. 9149 in additional book no. 4 Vol. No. 3402 on pages 42 to 43 registered on 04.04.1995. He was extensively cross examined by ld. Counsel for both the defendants.

7. In defence, defendant no. 1 Shri Vipin Kumar Parwanda examined eleven witnesses. He examined himself as D1W1 and he has tendered his evidence by way of affidavit Ex.D1W1/1. He has relied upon the documents i.e. copy of Memorandum of Settlement dated 23.10.2009 which is Mark A. He was extensively cross­examined by ld. counsel for the plaintiff.

7.1 D1W­2 Sh. Sushil Kumar Kala was summoned witness from RKD (original) Branch, High Court of Delhi, New Delhi. He brought the original records of CS (OS) No.953/2008 titled as 'Master Abhinav Parwanda & Anr. vs Vipen Kumar Parwanda (HUF) & Ors.' The original order dated 11.12.2009 passed by the Hon'ble High Court of Delhi in CS (OS) No.953/2018 and the original Memorandum of Settlement dated 23.10.2009.

7.5 D1W­6 Sh. Sanjay Goswami, Office Assistant was a summoned witness from the office of Sub­Registrar­V, Mehrauli. He brought the certified copy of Sale Deed dated 15.01.2010 registered on 22.01.2010 executed by Sh. Vipin Kumar Parwanda (defendant No.1) in favour of Smt. Gunjan Kumar (plaintiff) which is Ex.DW1/6/A (running into 10 pages including site plan).

7.6 D1W­7 Sh. Naveen Jain tendered his evidence by way of affidavit Ex.DW1/7. He was cross­examined at length by ld. Counsel for plaintiff. 7.7 D1W­8 Sh. Shekhar Suman, Area Inspector was summoned witness from Property Tax Department, SDMC, Central Zone, Sadiq Nagar. He brought the records pertaining to the property no. A­8/139, Kalkaji Extension, New Delhi which was mutated in the name of Sh. Vipin Kumar Parwanda and Smt. Sarita Parwanda jointly vide letter no.T/N.D.Z/4835 dated 15.02.1995.