GURMEET SINGH Vs. HARDEV SINGH

JUDGEMENT

(1.) By this order I shall dispose of the present application filed by the defendant No.3 in the present suit under Order 39 Rule 4 read with section 151 CPC seeking variation/ modification/ vacation of the orders dated 29.07.2009 and 10.11.2009 passed in the present case.

(2.) The brief facts leading up to the filing of the present application are that the plaintiff is a retired government employee whose wife and younger son are dependent upon him. As per the plaintiff, the defendant Nos. 1 and 2, who are his son and daughter-in-law, in conspiracy with each other and without informing the plaintiff, got the sale deed of the property bearing No. 92, 3rd Floor, Sector-9, Pocket-1, Dwarka, New Delhi, executed in favour of the defendant No.1, despite the fact that the entire consideration of the said property was paid by the plaintiff out of his retirement benefits and subsequently sold the said property to the defendant No.3.

(3.) It is stated by the plaintiff, that the he came to know of this fraudulent conduct of the defendant Nos. 1 & 2 only in the first week of July 2007 when they asked him, his wife and younger son to vacate the suit property and disclosed that they have entered into an agreement to sell with the defendant No.3 and therefore, the vacant possession of the suit property has to be handed over to him on the registration of the sale deed.