HARISH KUMAR DUA Vs. NARENDRA KUMAR DUA

JUDGEMENT

(1.) THE applicants in the present application, filed under Order I Rule 10 read with Section 151 of the Code of Civil Procedure, 1908, seek to be impleaded as party defendants on the basis of an unregistered Sale Deed in respect of the front half portion of the second floor of the property bearing No. H-104, Lajpat Nagar-I, New Delhi, entered into between the defendant No. 2 Mr. Ashok Kumar Dua and the applicants, namely, Vinay Prakash Sadh, Mr. Naveen Parkash and Mr. Neeraj Parkash.

(2.) AT the outset, it may be mentioned that the subject matter of the dispute in the above-mentioned suit is the partition of immovable property bearing No. H-104, Lajpat Nagar-I, New Delhi between the plaintiff and the defendant Nos. 1 to 3, who are the legal representatives of one Shri Bhagwan Dass Dua, who expired intestate leaving behind his wife Smt. Maya Devi and four sons, i.e., the plaintiff and the defendant Nos. 1 to 3 as well as one daughter, namely, Smt. Shashi Chawla. On 12.04.1989, the suit property was mutated in the name of Smt. Maya Devi, wife of the deceased Shri Bhagwan Dass Dua, on all the aforementioned legal heirs, i.e., the plaintiff and the defendants to the suit as well as Smt. Shashi Chawla relinquishing their shares in the suit property. On 29.10.1993, the aforesaid property was transferred in the name of Smt. Maya Devi, mother of the parties to the suit by the competent authority, i.e., Land and Development Office by virtue of a Conveyance Deed duly registered with the Sub-Registrar, New Delhi and she became the absolute owner of the same. Smt. Maya Devi, mother of the parties to the suit also expired leaving behind her a registered Will dated 02.05.1997 in respect of the property bequeathing the same to the plaintiff and the defendants in equal shares. Subsequent to the Will, Smt. Maya Devi sold for consideration some portions of the suit property. Since the shares of the plaintiff and the defendants in the remaining portions of the suit property were undivided, the present suit for partition of the property by metes and bounds was filed by the plaintiff. A decree of permanent injunction in favour of the plaintiff and against the defendant No. 2 was also sought since according to the plaintiff there was an apprehension that the defendant No. 2 was negotiating for the sale of his undivided share of the suit property.

(3.) THE applicants, in the present application, claim that the defendant No. 2 Mr. Ashok Kumar Dua, being the sole and exclusive owner of the front portion on the second floor of the suit property, had approached the applicants to sell the said portion of the suit property to the applicants. The applicants also assert that it was declared by the defendant No. 2 that Smt. Maya Devi had sold to him the front half portion of the second floor built in area measuring 100 sq. yards of the said property vide Sale Deed duly registered as Document No. 9310, in Additional Book No. 1, Volume No. 2130, on pages 80 to 88, on 05.10.2000, in the office of the Sub-Registrar, New Delhi. Thus, the applicants agreed to pay a total sale consideration of Rs. 13.50 Lacs for the aforesaid portion of the suit property, out of which a sum of Rs. 2.0 Lacs was paid by way of cheque dated 31.05.2010 bearing cheque No. 400497 drawn on HDFC Bank, Defence Colony, New Delhi, which was duly encashed by the defendant No. 2. Five pay-orders/bank drafts/cheques were also handed over to the said defendants by the applicants for the remaining amount of Rs. 11.50 Lacs as follows:-