NIKUNJ KUMAR GUPTA Vs. STATE

JUDGEMENT

(1.) This case has chequered history. Petitioner no.2 Vijay Kumar Gupta claims to have purchased the plot bearing No.D-126, Mahendaru Enclave, Delhi in the name of his minor son Master Nikunj Kumar Gupta, petitioner no.1 who was about eight years of age at the relevant time from its owners Nirmal Singh and Randhir Singh in the year 1984 with possession for a consideration of Rs.20,000.00. He mainly relies upon the Khasra Girdhwari i.e. revenue record from 1984 to October 1986. Interestingly he also relies upon one voucher showing the purchase of Palak seeds by him which he stored in the room constructed by him in the said plot. According to him, the sale deed could not be executed and registered though possession was handed over to him.

(2.) As against this, respondent no.4-Vinod Kumar Gupta claims to have purchased the plot with boundary wall and a room from the owners for a consideration of Rs.68,000.00 in the year 1984 with possession. However, the Halka Patwari issued Khasra Girdwari on 14.11.1986 showing possession of respondent no.4 Vinod Kumar Gupta in column no.3. Petitioners lodged a report with the SHO that respondent no.4 had threatened to take possession forcibly. Respondent no.4- Vinod Kumar Gupta also made a complaint to the Deputy Commissioner of police that though he visited the plot almost every week but on 1.2.1987, one Mr.Vijay Gupta who has been known to him for quiet some time as earlier he had business dealings with him, wanted to occupy the plot along with some persons but due to his presence he could not succeed and went away after threatening him and his friends for life.

(3.) However, the SHO wrote a letter dated 13.2.1987 to the Tehsilder Revenue informing that they had received complaints from petitioner no.2 Mr.Vijay Kumar Gupta and respondent no.4 Mr.Vinod Kumar Gupta regarding a dispute over a plot and that petitioner no.2 has produced photostat copies of Khasra Girdwari w.e.f.1984 to October 1986 whereas respondent no.4 has produced photostat copy of Khasra Girdwari of 31.10.1986 only and requested the Tehsildar to enable him to correct the ownership of the plot and a copy of the revenue record in support of his version.