NEERAJ SHARMA Vs. RAKESH KUMAR SHARMA

JUDGEMENT

(1.) Case pleaded by the plaintiff who is the widow of late Gopal Krishan Vohra is that property No.B-1/32, Malviya Nagar, New Delhi was leased in perpetuity to Mrs.Ved Gorwara by the L & DO. Changing hands, property ultimately came to be owned by Smt.Bimla Devi, w/o Shri Vasdev, mother-in-law of the plaintiff, by and under a registered sale deed dated 9.4.1979. On the death of Smt.Bimla Devi on 24.10.1995, as per Will dated 2.8.1995, property was inherited by her son, Gopal Krishan Vohra (plaintiff's husband) and on his death on 22.6.1999, by the plaintiff, as per Will dated 15.3.1999.

(2.) Further case of the plaintiff is that till the year 1985-86, Shri M.L.Bahri, brother of Smt.Bimla Devi resided in the building constructed on the plot and thereafter the building remained vacant as plaintiff and her husband were residing in Khanna, Punjab. The building remained locked.

(3.) It is further stated that defendant No.1 had approached late husband of the plaintiff to get the property mutated in record of L&DO in name of late husband of the plaintiff who signed some papers for mutation and gave them to defendant No.1 but at no stage did he execute any general power of attorney appointing defendant No.1 as his general attorney to deal with the property. On 5.7.2001, plaintiff came to Delhi and found that existing building had been demolished and a new building was under construction. Enquiry revealed that defendants 3 and 4 had got the property mutated in their names in record of MCD and had obtained a sanction to construct the building. Said defendants had acted under a sale deed dated 8.2.2001 executed by defendant No.2 which sale deed was executed by said defendant as attorney of late husband of the plaintiff, which power was claimed through defendant No.1, who in turn acted under a power of attorney purported to have been executed on 25.2.1999 in favour of defendant No.1 by late husband of the plaintiff. It is claimed by the plaintiff that power of attorney dated 25.2.1999 is a forged document as her husband did not execute any such document and that said power of attorney purports to be registered with the Sub-Registrar, Khanna, Punjab. It is claimed that no such document stands registered with the Sub-Registrar, Khanna. Thus, as per the plaintiff she is the owner of the property and defendants 3 and 4 are rank trespassers.