NARESH KUMAR CHOPRA Vs. SUNITA KHANNA

JUDGEMENT

(1.) Exemption allowed subject to just exceptions.

(2.) This Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is filed against the concurrent judgments of the courts below; of the trial court dated 14.3.2011 and the first appellate court dated 3.2.2014; by which the appellant's/plaintiff's suit for declaration and cancellation has been dismissed. Appellant/plaintiff in the suit prayed for declaration as illegal and void and cancellation of the documents executed by the mother of the parties Smt. Kaushalya Devi dated 10.12.2004 of the suit property bearing No.E-70 (first floor), Jhilmil Colony, Delhi-110095 on a plot of 45 sq mtrs. By the said documents dated 10.12.2004, the mother Smt.Kaushalya Devi had transferred rights in the suit property in favour of the defendant no.1/respondent no.1/daughter (sister of the appellant/plaintiff).

(3.) The facts of the case are that admittedly the documents by which the suit property was purchased were in the name of the mother Smt. Kaushalya Devi. The suit property was a plot when the same was purchased by the mother and thereafter construction on the same was raised. During her lifetime, Smt. Kaushalya Devi had executed documents being the registered general power of attorney, registered Will, special power of attorney, agreement to sell, receipt, possession letter etc all dated 10.12.2004 by which the rights in the suit property were transferred to the defendant no.1/respondent no.1. The case of the appellant/plaintiff is that the said documentation is void not only because consideration did not flow under the same because inadequate consideration flowed under the same, but also because the documentation was got executed by the defendant no.1/respondent no.1 by exercising undue influence on her parents i.e the mother Smt. Kaushalya Devi and the father Sh. Baldev Raj Chopra. One another reason for seeking declaration with regard to invalidity of the documents is also that possession under the same was not delivered.