SUNITA DEVI Vs. CORPORATION BANK

JUDGEMENT

(1.) THE defendants have already been proceeded ex parte on 10.10.2013. The plaintiff's evidence was concluded on 25.7.2014.

(2.) THE plaintiff's case is that she is the owner and in lawful possession of suit premises bearing No.1/204 (Ground Floor), Sadar Bazar, Delhi Cantt., having purchased it through a registered Sale Deed dated 10.5.2011 from defendant No.3, Smt. Praveen Verma. The property exists on a land which formed a part of a leased area of 5610 sq.ft. Through subsequent series of transfers it came to the plaintiff. A lease deed was created in favour of Shri Waziri Lal and Shri Hari Singh Goel on 28.03.1946. Upon equitable distribution of lease land, 50% of it came to Shri Hari Singh Goel. The legal heirs of late Shri Hari Singh Goel sold half of that share, i.e. an area measuring 1402.5 sq.ft. to Mr. Kuldeep Verma vide Sale Deed dated 21.11.2003. The latter built four floors thereon and sold its ground floor to Mr. Neeraj Saxena (defendant No. 2) vide a registered Sale Deed on 21.03.2005, who in turn sold it to Smt. Praveen Verma (defendant No. 3), i.e., the wife of Mr. Kuldeep Verma on 19.11.2009. Ultimately she sold the suit premises to the plaintiff vide registered Sale Deed dated 26.05.2011 (Ex.PW1/4).

(3.) THE plaintiff's case is that the property was never a subject matter of any lien, mortgage or encumbrance as is evidenced from the successive Sale Deeds, the first one being registered on 22.11.2003 (Ex.PW1/1). He submits that when Mr. Neeraj Saxena had bought the property from Mr. Kuldeep Verma vide registered Sale Deed dated 21.3.2005 (Ex.PW1/2), it was clearly recorded that the property was free from all encumbrances such as " ..prior sale, mortgage, gift or any kind of litigation of title.." Likewise, when Mr. Neeraj Saxena sold it to Smt. Praveen Verma (defendant No.3) on 19.11.2009, the Sale Deed (Ex.PW1/3) clearly stipulated an identical clause as aforesaid stating that that the property was free from all encumbrances.