BHAGWAT DAYAL VASHISHT Vs. BSES LIMITED AND ANR

JUDGEMENT

(1.) The petitioner claims interest in shop No. C-2, Hari Nagar, Badarpur, New Delhi on the basis of documents like Agreement to Sell, General Power of Attorney, etc. executed on 13th December, 1995 by one Mr. Randhir Singh. It is further stated that the said Mr. Randhir Singh had purchased the property from Mr. Sarjeet Singh, brother of respondent No. 2-Mr. Raj Kumar Chokan again on the basis of Power of Attorney, Agreement to Sell, etc.

(2.) There is dispute between the petitioner and the respondent No. 2 about ownership of the said shop. Mr. Sarjeet Singh, brother of respondent No. 2 has also filed an application in this Court claiming that he had not sold the said shop to Mr. Randhir Singh and he was/is not the owner of the said shop. Learned Counsel for the petitioner states that the two brothers are now colluding and conniving with each other.

(3.) Learned Counsel for the petitioner in support of his contention that he is the owner of the said shop has relied upon Agreement to Sell, Power of Attorney, etc which were purportedly executed in December, 1995. He also relies upon electricity connection which was issued in the name of the petitioner way back in November 2007. He relies upon demand note dated 17th November, 2007 and electricity bills issued thereafter. Petitioner also relies upon photographs filed at page 36 of the paper book. Thus it is submitted that the petitioner is in actual physical possession of the shop. He submits that the order passed in writ petition No. 991/2009 filed by Mr. Raj Kr. Chokan which was disposed of on 24th July, 2009 cannot be relied upon by the respondent as the said order was passed behind the back of the petitioner and without his knowledge. He submits that the petitioner had filed an application in the said writ petition and he was asked to seek appropriate remedy in accordance vide order dated 25th August, 2009. Therefore the petitioner has filed the present writ petition.