LAWS(DLH)-2020-3-34

SAROJ BALA Vs. BIMLA KHATRI & ORS.

Decided On March 19, 2020
SAROJ BALA Appellant
V/S
Bimla Khatri And Ors. Respondents

JUDGEMENT

(1.) The plaintiff has instituted this suit against the four defendants, namely (a) Bimla Khatri, (b) Pooja Bhoot, (c) Jitender Kumar and (d) Delhi Development Authority (DDA), pleading that

(2.) On the aforesaid pleas, reliefs of (i) declaration as null and void of the Agreement to Sell dated 29th October, 2007, Will dated 25th October, 2007 and Special Power of Attorney dated 29th October, 2007; (ii) declaration as null and void of Agreement to Sell, General Power of Attorney, possession letter, receipt, Will, as well as affidavit, all dated 5th February, 2010; (iii) declaration of the ownership of the plaintiff of the subject property; (iv) declaration that the defendants no. 1 to 3 are not the owners of the subject property and are trespassers thereon; (v) decree for possession of the subject property; and, (vi) decree for permanent injunction to restrain the defendants from dealing with the subject property or raising any construction thereon, are sought.

(3.) The suit came up first before this Court on 26 th September, 2016, when while issuing summons/notice thereof, vide ex-parte ad-interim order, the defendants restrained from creating third party rights in the subject property. The said order was made absolute on 20th February, 2019.