SUNIL BUCKSHEE Vs. K.M. BUCKSHEE

JUDGEMENT

(1.) THE appeal impugns the judgment and decree dated 30.04.2004 of the Court of Additional District Judge, Delhi of dismissal of suit No.350/03/90 filed by the appellant for declaration that he is the owner of residential premises bearing Flat No.8762, Pocket -8, Sector -C, Vasant Kunj, New Delhi to the extent of 40% share therein and for putting him into joint possession thereof along with the defendant No.1.

(2.) THE appeal was admitted for hearing and vide ex parte ad interim order dated 11.08.2004 the respondents / defendants were restrained from selling the property. The counsel for the respondent / defendant No.1 on 06.10.2006 informed that the suit property had been sold by the respondent / defendant No.1 even before the filing of the present appeal. The respondent / defendant No.1 died during the pendency of the appeal. On application of the appellant / plaintiff, vide order dated 24.01.2008 the purchaser from the respondent / defendant No.1 of the property was impleaded as respondent No.3 and the said respondent No.3 was also restrained from creating third party interest in the property during the pendency of the appeal. The legal heirs of the respondent / defendant No.1 were substituted in his place vide order dated 19.01.2011, 28.03.2011 & 16.07.2013. The counsel for the appellant / plaintiff, the appellant / plaintiff in person, the counsel for the legal heirs of the respondent / defendant No.1 and the counsel for the respondent No.3 have been heard. None has appeared for the respondent / defendant No.2 DDA.

(3.) THE respondent / defendant No.1 contested the suit by filing a written statement inter alia on the grounds: