SURINDER KAUR Vs. G.S. BAWA

JUDGEMENT

(1.) THE background to these applications is that the aforementioned suit CS (OS) No. 1226 of 2009 was filed by Smt. Surinder Kaur as Plaintiff against Mr. G.S. Bawa and Mr. Rajvinder Singh, son of Mr. G.S. Bawa, Defendant Nos. 1 and 2 respectively, seeking relief of possession, declaration, permanent and mandatory injunction in respect of the ground floor of the property at A-1, Vishal Enclave, New Delhi ('the suit property').

(2.) IT is stated in the plaint that, in terms of a compromise decree dated 21st November 1974 passed in CS (OS) No. 165 of 1974, the entire property at A-1, Vishal Enclave was owned by Mr. Jwala Singh and his son Mr. Harminder Singh (the husband of the Plaintiff) in equal shares. The case of the Plaintiff is that the said property is a two and a half storey building on a plot of land measuring about 460 sq yds. Mr. Jwala Singh died on 14th June 1984 prior to which he left a Will dated 15th November 1983 in favour of his grandson Mr. Navinder Singh, the son of the Plaintiff. Consequently, it is claimed that Mr. Navinder Singh and Mr. Harminder Singh became co-owners of the entire property at A-1 Vishal Enclave and it remained undivided.

(3.) THE Plaintiff claims that during one of her visits from the U.K. she contacted Defendant No. 1 who confirmed the execution and registration of the sale deed in his favour in respect of the suit property (i.e the ground floor of A-1, Vishal Enclave). He claimed that the suit property had been sold by Mr. Harminder Singh to him for a sum of Rs. 25 lakhs. In the circumstances, the Plaintiff has contended that "the said sale deed dated 17th May 2002 and shown as registered on 7th June 2002 is absolutely illegal, no-nest, void ab initio and not binding on the Plaintiff and is liable to be delivered up, cancelled and set aside" on the grounds set out in the plaint.