RITU GUPTA Vs. USHA DHAND

JUDGEMENT

(1.) I.A.10405/2011 (under Section 151 CPC) , I.A.12761/2011 (under Order 39 Rules 1 & 2 CPC filed by plaintiffs against defendant No. 8) , I.A.12763/2011 (under Order 39 Rules 1 & 2 CPC filed by plaintiffs against defendants No. 4 & 5)

(2.) PLAINTIFF has filed the present suit for declaration, permanent injunction and mandatory injunction. Plaintiffs claim themselves to be the owners and are in absolute possession of property bearing No. J -2/9, Krishna Nagar, New Delhi -110059, measuring 114 sq. yds., comprising of ground floor, first floor and terrace. The plaintiffs are stated to have purchased this property from defendant No. 1 vide a registered sale deed dated 28.04.2010 registered on 30.04.2010 as document No. 7421 in Additional Book I, Volume No. 4596 on pages 15 -27 registered with Sub -Registrar VIII, Delhi for total sale consideration of Rs. 27,40,000/ -. The sale consideration was paid by means of a cheque. Possession of this property is stated to be with the plaintiffs alongwith the entire chain of original title deeds of the property.

(3.) DURING the pendency of the suit, the plaintiffs also learnt that the ground floor of the property stood mortgaged to three banks and first floor to two banks on different dates. The plaintiffs in these circumstances filed the present suit.