RAM SAROOP Vs. DHANNI DEVI

JUDGEMENT

(1.) IA No.17125/2014 (For amendment of plaint and impleadment of D -4)

(2.) AS per the plaint the plaintiff and defendant No.3 are the sons of late Shri Bishna Ram. The said Shri Bishna Ram bought the suit property as above measuring 289.5 sq.yds. Shri Bishna Ram died on 11.2.1989 leaving behind the plaintiff, defendant No.3 and defendant No.1 his widow as the only legal heir. Defendant No.1 had a separate property measuring 200 sq.yds situated at Anand Parbat which was registered in her name. Hence, it is averred that the family owed two properties on the death of late Shri Bishna Ram one measuring 289.5 sq.yds which is the suit property and another measuring 200 sq.yds at Anand Parbat. It is further averred that an amicable settlement was entered into whereby the property measuring 200 sq.yds was transferred to the plaintiff and to equalise the shares, 45 sq.yds from the suit property which has the total measurement of 289.5 sq.yds was transferred to the plaintiff by GPA, Agreement to Sell, Affidavit, Will and possession letter etc.

(3.) IT is further averred that the plaintiff also executed a relinquishment deed by which both the brothers relinquished their share in favour of defendant No.1 for the suit property. Thereafter defendant No.1 has executed stated documents in respect of the 45 sq.yds of the suit property. In 2012, the plaintiff avers that he has learnt that under the influence of defendants No.2 and 3, defendant No.1 has executed a Gift Deed dated 4.4.2012 in respect of the said suit property in favour of defendant No.2. Further, defendants have demolished the entire construction and have entered into some form of agreement with property dealers. Hence, the present suit was filed seeking possession of the 45 sq.yds.from the said property in Ashoka Park, Extension, Punjabi Bagh, New Delhi with other connected reliefs.