SATNAM CHAND KOHLI Vs. ASHWINDER KUMAR

JUDGEMENT

(1.) The plaintiff has filed the suit seeking the relief of declaration, partition, possession, permanent and mandatory injunction and cancellation of sale documents in respect of the suit property being half share of property bearing No.134, Tagore Park, Near Model Town, Delhi ad-measuring 252 sq. yds.

(2.) The property was originally owned by late Shri Roshan Lal Sambar. On his demise, disputes arose among his legal heirs, who are defendant Nos.1 to 3. The defendant No.1 is the son of late Shri Roshan Lal Sambar while defendant Nos. 2 and 3 are his daughters.

(3.) The right of the plaintiff to 50% share consisting of roof rights of the ground floor and above in the suit property are stated to arise in pursuance to a sale agreement executed on 7.5.1996 by defendant No.1 in his favour. The said document was accompanied with other collateral documents including Special Power of Attorney, General Power of Attorney, Will, receipt and possession letter. The General Power of Attorney and Will are the only two registered documents. Defendant No.1 claimed to have acquired title in pursuance to the sale deed of late Shri Roshan Lal Sambar dated 14.12.1990. The plaintiff and defendant No.1 also had certain disputes with the result that defendant No.1 filed a suit for declaration, permanent injunction and partition against the plaintiff before the learned District Judge, but the same was compromised on 27.3.1999 and defendant No.1 admitted that he had sold to the plaintiff 50% share in the suit property and withdrew the suit.