LAWS(DLH)-2022-7-256

KRISHNA WADEHRA Vs. RAM PARSAD

Decided On July 05, 2022
Krishna Wadehra Appellant
V/S
Ram Parsad Respondents

JUDGEMENT

(1.) The present revision petition has been filed challenging the impugned order dtd. 20/2/2020, whereby the application under Order VII Rule 11 CPC has been dismissed by the learned Trial Court. Predominantly on the ground that the certified copy of sale deed dtd. 28/8/1968, produced by the learned counsel for the defendant to prove his title, neither bears the signatures of vendor nor of the witnesses.

(2.) Learned senior counsel has submitted that the suit being filed by the respondent/plaintiff bearing No. CS 341 of 2019 against the petitioners/defendants is an abuse of the process of the Court. Learned senior counsel submits that it is an admitted case that the defendants/petitioners are in possession of the suit property bearing House No. 12, Block-D, Satyawati Nagar/Colony, New Delhi- 110052.

(3.) Learned senior counsel has submitted that it is also an admitted case that Sh. Khushi Ram Kain, the predecessor-in-interest of the respondent/ plaintiff had purchased the suit property from Delhi State Harijan Co-operative Association Ltd. The plea of the learned senior counsel for the petitioner is that subsequently, late Khushi Ram Kain sold this property to Smt. Krishna Devi vide sale deed dtd. 19/11/1968. Smt. Krishna Devi then sold this property to the petitioner (Smt. Krishna Wadhera) vide sale deed dtd. 21/7/1969.