GURNAM KAUR Vs. PRITAM SINGH BHATIA

JUDGEMENT

(1.) BY virtue of this order, I propose to dispose of this application preferred by Defendant No.1 under Section 151 of the Code of Civil Procedure, 1908 (CPC) with the following prayers:

(2.) A suit for cancellation of the sale deeds dated 05.08.1991, purported to have been executed by Late Sardar Sajjan Singh, husband of the Plaintiff, was filed by her on the ground that her husband Late Sardar Sajjan Singh had purchased two plots of land bearing nos.D -1/20 and D -1/21, Rajouri Garden, New Delhi, admeasuring 458 and 373 sq.yds. respectively by virtue of Sale Deed dated 12.09.1956. He was in possession of the plots during his lifetime. He died on 18.04.1972. During his lifetime, Late Sardar Sajjan Singh also executed a Will dated 26.09.1961 which was probated in the High Court in Malaysia at Kuala Lumpur on 24.10.1972 and the probate was granted in favour of the Plaintiff by an order dated 31.12.1973. The plots in question stood vested in favour of the Plaintiff and she had been in possession and enjoyment thereof till date without any impediment or interruption. The Plaintiff's version is that in February, 1993, the Plaintiff initiated steps for mutation of her name in the records of the MCD so as to clear the municipal taxes. The concerned officer of the MCD postponed the matter on one pretext or the other and refused to grant any hearing to the Plaintiff's attorney/representative. Ultimately, the Plaintiff's representative was told that mutation of the property had already been effected in the name of Defendants no.1 and 2 on the basis of certain sale deeds executed in their favour. On further inquiries from the office of the Sub -Registrar, the Plaintiff came to know that Defendants No.1 and 2 vide registered sale deeds dated 05.08.1991, purportedly executed by Late Sardar Sajjan Singh had got transferred the earlier stated two plots in their favour.

(3.) IT is averred that Defendant no.1 had also filed a civil suit being CS(OS) No.3384/1990 on the basis of a General Power of Attorney, purported to have been executed in his favour by Late Sardar Sajjan Singh, who was alleged to be his wife's uncle and it was pleaded that the premises were occupied by two tenants and that the same was being purchased along with tenants. In the said civil suit, Defendants No.3 and 4 in their application under Order XXXIX Rule 4 CPC had although falsely but all the same mentioned that Late Sardar Sajjan Singh had died in Malaysia in the year 1984. Therefore, even if Defendants no.1 and 2 were to be bona fide purchasers, they would have never got the sale deeds executed in their favour. It is the case of the Plaintiff that Defendants No.6 to 8 claimed to possess sale deeds in respect of the earlier stated plots from Defendants no.1 and 2. The Plaintiff thus, prayed for a decree of declaration that she was the absolute owner and in possession of the properties, D -1/20 and D - 1/21, Rajouri Garden, New Delhi. Apart from various other reliefs, the Plaintiff claims: