VIRENDRA KUMAR AWASTHI Vs. MAHENDER KUMAR

JUDGEMENT

(1.) This is an application filed by the applicant / appellant seeking condonation of 20 days" delay in re-filing the present appeal. For the reasons stated in the application delay in re-filing the appeal is condoned.

(2.) It was the case of the respondent / plaintiff that when he asked the appellant / defendant to provide the sale documents, the appellant / defendant provided the photocopy of one registered sale deed of suit property dtd. May 12, 2016, which has been executed by the father of the appellant / defendant Sh. Shankar Lal Sant in favour of the appellant / defendant and it transpired that appellant / defendant is the fourth owner of the property as the suit property was in the name of Sh. Ved Prakash, son of Maha Singh, resident of Village-Palam Colony, who sold the same to Smt. Indira, wife of Sh. Shankar Lal Sant and later on Smt. Indira executed a Will in favour of Sh. Sant Lal on September 23, 2011, and she expired on February 06, 2015.

(3.) It was the case of the respondent / plaintiff that when he came to know that the appellant / defendant is the fourth owner of the suit property, he requested the appellant / defendant to show the original sale documents executed by Sh. Ved Prakash in favour of Smt. Indira and death certificate of Sh. Indira and name of other legal heirs of Smt. Indira. But despite so many requests of the plaintiff / respondent, appellant / defendant failed to provide the photocopy of the complete chain of sale documents of the suit property.