CHANDERPAL SINGH Vs. SURJEET KAUR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution seeks assailing the order dated 5.4.2010 of learned Addl. District Judge (ADJ), Delhi, whereby the application filed by the petitioner under Order 7 Rule 11(b) and (c) read with Section 151 CPC, was dismissed.

(2.) The respondent Surjeet Kaur had filed a suit for declaration, cancellation and mandatory injunction against the petitioner and defendants namely Ankur Mittal and Delhi Development Authority (DDA). The case of the respondent was that her husband purchased the house bearing No. 918, Pocket 3, Sector 19, Pappan Kalan, Dwarka, New Delhi from its original allottee Mr.Ankur Mittal on 10.07.2007. On 14.10.2008, she came to know that the petitioner herein, on the basis of forged signatures of original allottee Mr. Mittal, got executed conveyance deed of the suit property in his (petitioner) favour from the DDA. She also averred that a complaint in this regard against the petitioner was lodged with the police vide FIR No.818/2008, under Sections 420/468/471/511/120B IPC, P.S. Dwarka. She sought the under-mentioned reliefs in the suit:

(3.) The case that was set up by the petitioner was that Mr. Mittal had sold the suit premises to him in September, 2000. He denied that the signatures of Mr. Mittal were forged, as alleged.