VIDYAWANTI (DECEASED) THROUGH LRS. Vs. GAURI BISWAS

JUDGEMENT

(1.) THE plaintiff Vidyawanti had filed a suit for possession, recovery of damages and mandatory injunction. It was alleged that the plot No. A/69 and A/70 measuring 220 sq. yards situated in Dabri, Vashist Park, Delhi of which she was the owner had partly been illegally usurped by the defendants i.e. an area of 133 sq. yards. Decree for possession as also for mandatory injunction seeking a direction that the defendants be directed to demolish the super structure constructed therein be passed in her favour.

(2.) AMAR Nath the husband of the plaintiff was the original owner of this plot. He had purchased this property from Bimal Singh vide sale deed dated 7.2.1967. He died in 1975 leaving behind his widow the plaintiff Vidyawanti and four daughters. The daughters had relinquished their shares vide a relinquishment deed in favour of the plaintiff.

(3.) IN the written statement, it has been contended that village Dabri had been acquired by an award No. 2114 of Village Dabri dated 27.6.1968; the government had acquired 99 bighas 1 biswa of land which included the land of the plaintiff as such the said land has vested in the government. plaintiff not being the owner has no locus standi to file the present suit. This is fortified by the fact that the husband of the plaintiff namely Amar Nath also filed his claim under Section 9 and 10 of the Land Acquisition Act. The further contention of the defendant was that in spite of the fact that the land had vested in the government but to assuage the plaintiff, the defendants had entered into an agreement for sale dated 22.8.1979 wherein a sum of Rs. 3500/ - had been paid by defendant No. 1 to the plaintiff for the purchase of this property. Will and receipt of even date had been executed by the plaintiff. The said documents were witnessed by T.R. Sharma and Suresh Kumar both of whom are sons -in -law of the plaintiff; the plaintiff cannot go back on this version.