DEEPAK MEHTA Vs. NIRMAL JINDAL

JUDGEMENT

(1.) The present Suit has been filed by the plaintiffs seeking a decree of declaration that the Sale Deed dtd. 12/3/2018 registered on 12/3/2018 vide Registration No. 1390 in Book No.1 Volume No. 3256 on pages 53 to 63 in respect of property bearing No. WZ-14, area measuring 250 sq. yds. out of Khasra No. 254, 276, 277 and 278 situated in Village Madipur, Indra Park, Delhi, which is presently known as WZ-14, Hari Singh Park, New Delhi-110056 (hereinafter referred to as 'Suit Property') is illegal, null and void, and that the plaintiffs are the absolute owners of the Suit Property. The plaintiffs also seek the relief of permanent injunction, restraining the defendant from executing any documents transferring or creating any kind of charge, encumbrance or third-party interest in the Suit Property. The plaintiffs further seek a decree of recovery of damages of Rs.40,00,000.00 from the defendant and the costs of the Suit.

(2.) It is the case of the plaintiffs that the plaintiffs had purchased half undivided share each in the entire free-hold built-up Suit Property from Sh. Shiv Kumar Gupta S/o Sh. Jage Ram Gupta vide registered Sale Deed dtd. 26/5/2017.

(3.) The Sale Deed of half undivided share of the Suit Property was executed in favour of the plaintiff no. 1 on 26/5/2017 registered on 26/5/2017 vide Registered Sale Deed No. 2269 in Book No. 1 Vol. No. 3041 on Page Nos. 154 to 164 before the Sub Registrar IIA, Punjabi Bagh, New Delhi (Ex PW1/C). The Sale Deed of the remaining half undivided share of the Suit Property was executed in favour of the plaintiff no. 2 on 26/5/2017 registered on 26/5/2017 vide Registered Sale Deed No. 2270 in Book No. 1 Vol. No, 3041 on Page Nos. 165 to 175 before the Sub Registrar IIA, Punjabi Bagh, New Delhi (Ex. PW 1/D).