KANWAR SINGH SAINI Vs. MOHD YUSUF

JUDGEMENT

(1.) BY this order, I propose to decide the abovementioned pending application, being I.A. No.10071/2013, filed by the applicant/plaintiff under Order I Rule 10 read with Section 151 CPC.

(2.) BRIEF facts of the case are that the plaintiff filed the suit for declaration and mandatory injunction against the defendants namely Sh.Mohd. Yusuf and Sub -Registrar, Mehrauli. The following reliefs are prayed: "a) declaring the statement made by the plaintiff before the learned Civil Judge, Delhi on 29.04.2003 in the suit titled as 'Mohd. Yusuf Vs. Kanwar Singh Saini' and the order dated 12.05.2003 as null and void, not enforceable as being procured by misrepresentation of facts and the fraud played upon him, b) declaring the Sale Deed dated 05.09.2002 as Null and Void, and declare the Plaintiff as the absolute owner of the properties No.147 -A and 148, Village Khirki, Malviya Nagar, New Delhi -110 017, c) mandatory injunction in favour of the plaintiff and against the Defendant No.2 to make an endorsement of cancellation of the Sale Deed in the records maintained in the office of the Defendant No.2."

(3.) ORIGINALLY , the present suit was filed in the year 2005 in the Court of Senior Civil Judge, Delhi, for declaration and mandatory injunction. By order dated 29th April, 2010, the plaint was returned under the provision of Order VII Rule 10 CPC in view of the reason that the suit was beyond the pecuniary jurisdiction of the Court. Thereafter the suit was transferred to this Court.