PREM RAJ Vs. BABU RAM GUPTA

JUDGEMENT

(1.) The subject suit has been filed by the plaintiff for declaration and possession with respect to the plot bearing no. 5, Block No. 60, W. E. A. Ramjas Road, Karol Bagh, New Delhi, admeasuring 569 sq. yards (hereinafter the suit property). The plaintiff claims various reliefs of declarations and possession qua the suit property effectively to get cancelled the sale deed dated 3.9.1983 executed in favour of the defendant nos. 1 and 2 by the defendant no. 3 as the power of attorney holder of the plaintiff, and the subsequent sale deed dated 6.8.1984 executed by the defendant nos. 1 and 2 in favour of defendant no. 4. Mesne profits are also claimed.

(2.) Though there are a total of nine reliefs which are claimed in the plaint, in sum and substance what the plaintiff seeks is cancellation of all documents whereby ownership of the suit property is vested presently with the defendant no. 9 and for revesting of the same with the plaintiff. It is not disputed between the parties that defendant no. 9 is as on date claiming ownership of the suit property under a registered sale deed dated 14.9.2006. This document will also have to be cancelled in case the plaintiff has to be granted reliefs in the present suit, though such a relief is not claimed in the suit plaint.

(3.) Before proceeding ahead I must note that the original plaintiff in the suit one Sh. Prem Raj who had entered into two Agreements to Sell dated 9.2.1981 (Ex. P- 2) and 14.4.1981 (Ex. PW1/D5) with the defendant nos. 1 and 2 with respect to the suit property, died during the pendency of the suit and his legal heirs have been brought on record. Some of the legal heirs have further died and legal heirs of such legal heirs have also been brought on record. For the sake of convenience reference in this judgment to the plaintiff would mean to the original plaintiff, and wherever the context so requires then to his legal heirs.