AJAY MANGLA Vs. SURINDER KUMAR

JUDGEMENT

(1.) Both the above appeals arise from the impugned order dated 3 rd May, 2012 passed by the Additional District Judge, Delhi, thus, are being disposed of together.

(2.) By the impugned order, plaint has been rejected. It has been held that suit has become infructuous on account of subsequent events. Hence, plaint is rejected.

(3.) Factual matrix is that Shri Surinder Kumar filed a suit for specific performance and permanent injunction against Smt. Usha Malhotra, Shri Naresh Kumar and Station House Officer, Police Station Sarup Nagar, Delhi. Shri Surinder Kumar alleged in the plaint that Smt. Usha Malhotra was recorded owner and in possession of the land admeasuring one bigha falling in Khasra No. 7/22, situated in the area of Village Libaspur, Delhi (for short hereinafter referred to as "suit land"). She entered into an Agreement to Sell on 20 th November, 2006 with him and one Shri Tulsi Dass against valuable sale consideration of Rs. 3 lacs. In part performance, possession of the suit land was handed over to him. Smt. Usha Malhotra also executed a General Power of Attorney, Will, Affidavit, Receipt etc. in their favour on 20 th November, 2006 itself. General Power of Attorney was duly registered with Sub Registrar, Delhi. Subsequently, he purchased share of Shri Tulsi Dass as well and became absolute owner of the entire land. Later on, intention of Smt. Usha Malhotra became malafide and she colluded with Shri Naresh Kumar in order to dispossess him. Shri Naresh Kumar started claiming himself to be owner of suit land on the basis of Agreement to Sell, Power of Attorney, Will, Receipt etc. allegedly executed by Smt. Usha Malhotra. On this premise, suit for specific performance and permanent injunction was filed. It was prayed that Smt. Usha Malhotra be directed to execute Sale Deed and get the same registered with Sub Registrar. It was further prayed that Smt. Usha Malhotra and Shri Naresh Kumar be restrained from encroaching upon/trespassing on the suit land. It was further prayed that Station House Officer, Police Station Sarup Nagar be directed to provide necessary police protection.