ASHOK KUMAR Vs. KUSUM MEHTA

JUDGEMENT

(1.) The present petition relates to property No. A-85, Ashok Vihar, Phase-I, New Delhi.

(2.) Briefly the facts of the case are that Smt. Kusum Mehta, judgment debtor No. 1 was the owner of the said property. The decree holder entered into an agreement to sell dated 9th October, 1980 with the judgment debtor No. 1 for a total consideration of Rs. 3,10,000/- which was paid to her. The decree holder on 6th November, 1980 took possession of the said property after making full consideration to the judgment debtor No. 1 and put a lock thereon. The judgment debtor No. 1 thereafter lodged a police complaint against the decree holder and got him arrested. As the decree holder narrated the correct facts before the Appropriate Authorities, the case against him stood cancelled. The decree holder thereafter filed a suit for injunction and the Court was pleased to grant status quo order in his favour. It is stated that before the order could be served upon the judgment debtor No. 1, she had managed to get possession of the property from the police. The judgment debtor No. 1 also filed a suit seeking injunction against the decree holder for dispossessing her from the property.

(3.) In the year 1981 the decree holder filed a suit being Suit No. 140/81 against the judgment debtor No. 1 for specific performance and delivery of possession. An ad-interim injunction was granted in his favour. During the pendency of the suit and inspite of injunction order the judgment debtor No. 1 alleged to have sold the property to one Vijay Kumar Arora and executed papers in his favour. The decree holder apprised the facts relating to the property in question to said Vijay Kumar Arora who thereafter got the property of one Balwant Rai Mehta i.e. 8975, Naya Mohalla, Delhi exchanged from property in question and the judgment debtor No. 1 executed new papers of property in question in favour of Balwant Rai Mehta and others and inducted them in the property. The decree holder issued a public notice in the 'Statesman' informing the pendency of the suit and injunction. On 23rd December, 1981 an application was filed in the Court of the SDM for actual report of possession of property. It was reported that Balwant Rai Mehta is in possession of the property with his family members. On 24th February, 1982 the judgment debtor No. 1 made a statement before the Sub-Judge that she was still the owner and that she had only let out the property to Balwant Rai Mehta who is her relative.