DINESH CHAUHAN Vs. SITWAT KHALID

JUDGEMENT

(1.) This common judgment shall decide the present Civil Revision Petition filed in terms of Sec. 115 of the Civil Procedure Code, 1908[CPC] assailing the common impugned order dtd. 7/12/2021 passed by the learned Civil Judge-03-C, Tis Hazari Court, Delhi[Trial Court] in CS No. 928/2019 and CS No.3111/2017 in the case titled "Shahid Ahmed Ferozie vs. Dinesh Chauhan" and "Shahid Ahmed Ferozie vs. Ram Pratap & Ors." respectively, whereby the learned Trial Court dismissed the application under Order VII Rule 11 CPC filed by the petitioners.

(2.) Although the aforesaid two revision petitions are against different petitioners/defendants, the factual and circumstantial narrative in both cases are similar and even the impugned orders, separately passed in the aforesaid two cases, are ditto except for the narrative of facts with regard to the description of the properties. Hence, the two revision petitions can be conveniently disposed of altogether by this common order.

(3.) Shorn of unnecessary details, one Mr. Agha Mohd. Qasim S/o Agha Mohd. Hasan R/o Hyderabad, was the sole owner and in possession of the land area measuring 10 Bigha 10 Biswa, previously known as Mohalla Qasimpura, now known as Baghichi Peerji, Ram Bagh Road, Sabzi Mandi, Delhi-110007. That Agha Mohd. Qasim, being the owner, had full control and power to sell and transfer the entire land area either temporarily or permanently. Later, Mohd. Qasim leased out the entire aforementioned property/land area in perpetuity to Smt. Begum Jaan W/o Shaikh Firoziddin Japan Wale (the great grandmother of the plaintiff/Sitwat Khalid and the grandmother of Shahid Ahmed Ferozie i.e. father of the plaintiff) against a sale consideration of Rs.50,000.00 along with all the ownership rights vide transfer/sale documents dtd. 3/3/1943 including the lease deed, which was duly registered with the SubRegistrar, Delhi. On 22/5/1979, Begum Jaan died leaving behind her two sons namely Mohammad Ahmed Ferozie and Mohammad Yusuf Ferozie (both now deceased), who had acquired the entire property i.e. Baghichi Peerji, including the suit property in question.