JAI PAL SHISHODIA Vs. POONAM RATHORE

JUDGEMENT

(1.) Jai Pal Singh Shishodia had two sisters named Kailash Devi and Vidya Wati. Kailash Devi was married to Bhavnish Chandra Chauhan and the two were issueless.

(2.) In the written statement filed by Poonam Rathore, she pleaded that she was born to Vidya Wati through her husband Aman Singh but was adopted by Bhavnish Chandra Chauhan and Kailash Devi and thus was their successor in interest. She pleaded that Jai Pal Singh Shishodia was a benami owner of the land comprising the suit property which was actually purchased by her father Bhavnish Chandra Chauhan and that the building thereon was constructed by her father and that in recognition of said fact Jai Pal Singh Shishodia had executed a deed of relinquishment on October 10, 1986 relinquishing his title in the suit property in favour of her father Bhavnish Chandra Chauhan, a fact she claimed being suppressed in the plaint by Jai Pal Singh Shishodia.

(3.) Ajit Singh the purchaser of the property, and as noted above, a close relative of Poonam Rathore, took a defence of being a bona-fide purchaser for valuable consideration i. e. having purchased the suit property for a valuable consideration of Rs. 3.5 lakhs.