MOHINDER PAL SINGH Vs. DDA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 18th September, 2012 whereby the suit of the Appellant was dismissed.

(2.) THE facts germane to the decision of the present appeal are as follows. The Appellant/Plaintiff filed the suit seeking declaration, possession and injunction with respect to property bearing No.1/31 Shanti Niketan, New Delhi situated on a plot of land admeasuring 2,000 sq. yds. The said property was acquired by the Appellant's father Shri Kewal Singh, who died on 18.10.1991. During his lifetime, Shri Kewal Singh had invested in various immovable properties including the suit property. Sometime in 1966, Shri Kewal Singh became a member of the Government Servants Cooperative House Building Society and was allotted a residential plot in Shanti Niketan. A sub -lease in respect of the property was executed in the name of Shri Kewal Singh and registered in the office of the Sub - Registrar, Asaf Ali Road, New Delhi on 24.10.1967 upon payment by him of the original purchase price.

(3.) THE Appellant alleges that the said sub -lease deed was without any lawful transfer of the property by late Shri Kewal Singh in favour of Mrs. Shamie Singh and it was as a result of fraud and deceit. As per the Appellant, it was falsely represented to the Respondent No.1 that Mrs. Shamie Singh was the wife of late Shri Kewal Singh whereas it was the mother of the Appellant, namely, Smt. Dalbir Kaur who was the wife of late Shri Kewal Singh and, Mrs. Shamie Singh was not and could not have been a wife of late Shri Kewal Singh during the subsistence of the marriage between Shri Kewal Singh and Smt. Dalbir Kaur. The Appellant also learnt from the office of the Respondent No.1 that Mrs. Shamie Singh died on 18.5.2004 and that Ms. Geeta Abhyankar (Respondent No.2) is in occupation of the suit property as the daughter of Mrs. Shamie Singh. The Appellant accordingly seeks cancellation of the perpetual sub -lease deed dated 26.5.1969 executed by Respondent No.1 in favour of Mrs. Shamie Singh, predecessor -in -interest of the Respondent No.2.