JAGTINDER SINGH Vs. P K KHANNA & ORS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the judgment of the trial court dated 21.2.2013 by which the trial court has dismissed the application filed by the petitioner/defendant no.2 under Section 8 of the Arbitration and Conciliation Act, 1996 (in short 'the Act').

(2.) The facts of the case are that the plaintiffs/respondent nos. 1 and 2 filed the subject suit for declaration, possession, damages etc stating that the documents dated 7.2.2004 executed by the plaintiffs in favour of defendant no.1/respondent no.3 were neither executed for consideration and nor meant to be acted upon for transferring of the suit property being Car Garage no.22, Pocket-1, Sector-1, Dwarka, New Delhi-110075 to the defendant no.1/respondent no.3. Plaintiffs/respondent nos. 1 and 2 deny the validity to the documents dated 7.2.2004 on the grounds that they were executed without consideration and also that they are unregistered and therefore could not be looked into. In the suit, after making averments of questioning the validity of the documents dated 7.2.2004, the following reliefs were prayed for:-

(3.) Defendant no.1 in the suit, and the respondent no.3 herein, as per the plaint had transferred rights in the suit property to the defendant no.2 and who is the petitioner before this Court.