RAJ RANI Vs. SUMITRA PARASHAR

JUDGEMENT

(1.) The present application is filed for amendment of the plaint. The plaintiff has filed the present Suit seeking the relief of possession, recovery of damages/mesne profits, permanent and mandatory injunction pertaining to property No.53, Sector-12, Block-B, Dwarka, New Delhi. It is averred in the plaint that the parties to the Suit are close relatives i.e. plaintiff No.2 and defendant No.2 being real brothers while plaintiff No.1 is wife of plaintiff No.2 and defendant No.1 is the wife of defendant No.2. The suit property it is stated was originally allotted by DDA to one Ishwar Singh. The defendant No.2 at that time was working in the Land & Building Department of the Delhi Government situated at ITO. Plaintiff No.2 was engaged in the business of sale and purchase of properties. It is stated that the defendant No.2 informed plaintiff No.2 that Shri Ishwar Singh was ready to sell his property. Accordingly, it is stated that the plaintiff purchased the rights of Shri Ishwar Singh for valuable consideration. It was stated that a registered General Power of Attorney dated 25.01.1994, two Special Power of Attorney of the same date, Agreement to Sell, possession letter, receipt etc. were executed.

(2.) It is stated that defendant No.2 offered to the plaintiff that he would get the suit property converted to freehold. Hence, the plaintiffs handed over the entire file containing all original documents to defendant No.2. Later defendant No.2 is stated to have claimed that the documents were misplaced. FIR No.971/2001 dated 20.08.2001 was got registered at Police Station Sarojini Nagar, Delhi.

(3.) In September, 2009 it is stated that the plaintiff learnt that defendant No.2 is raising construction on the suit property. Hence, the present Suit is filed seeking a decree of possession, mesne profit etc.