ANIL KUMAR SINHA Vs. RNJANA SHARMA

JUDGEMENT

(1.) The present common order will dispose of four applications preferred by the various parties. I.A No. 719/2009 seeks review of the order of this Court dated 4.12.2008; it is preferred by the defendant. I.A. Nos. 5299 & 5300/2009 have been filed by the plaintiff seeking impleadment of one Mr. Vinay Kumar Sinha and for temporary injunction restraining him from disturbing the status quo, respectively. The plaintiff also claims confirmation of an ad interim ex parte status quo order made on 22.4.2009, in I.A. No. 15006/2009.

(2.) The plaintiff in the Suit alleges to have acquired two plots A-4 & A-5, Samta Enclave, Qutab Vihar, Najafgarh, New Delhi ("the suit property"); it is stated that the defendant was the vendor. The suit also alleges that the plaintiff is an animal lover and wishes to put up a veterinary hospital, for the purposes of which he engaged the services of the defendant. It is claimed that the defendant assisted him in the acquisition of the suit property. The plaintiff alleges that the money for such acquisition was spent by him. In support of the claim that the plaintiff is a real and true owner of the suit property, he relies upon copies of documents, such as registered power of attorney, registered affidavit, registered Will executed by one Kaushlaya Devi in favour of the defendant and subsequently similar documents executed by her in favour of the plaintiff, in 2001. Copies of those documents have been placed on the record.

(3.) The plaintiff alleged that since he was relying heavily on the defendant, for the conduct of his affairs and even on the construction of the hospital, for which reason, he used to remit money periodically he did not suspect any ulterior motives. It is stated that in these circumstances, when he visited India during the Pooja festival in October, 2005, he discovered that the defendant had put up a new sign board on the property. The relevant averments, in this regard, made in the Suit are to the following effect: