YOGESH SHARMA Vs. RAJ BALA & ORS

JUDGEMENT

(1.) C.M. No.32022/2016 (for exemption) Allowed, subject to all just exceptions.

(2.) The plaintiffs/respondent Nos.1 to 4 filed a suit for declaration, possession and permanent injunction. A perusal of the plaint shows that the plaintiff/respondent Nos.1 to 4 claim title from the predecessor-in-interest, Om Prakash, who is said to have possessory rights on the land situated in the revenue estate of village Tuglaqabad from the recorded owner Hansraj Dhawan on 30.10.1984. The plaint also avers that the predecessor-in-interest of respondent Nos.1 to 4 was in possession of the land during his lifetime and after his demise, the suit property has been in actual physical possession of respondent Nos.1 to 4. It is further averred that defendant Nos.1 and 2, namely, the petitioner and respondent No.5, in order to grab the plot, have mischievely and fraudulently got prepared some documents, that is, GPA, agreement to sell, affidavit, etc. which are forged and fabricated. It is averred that defendant No.1 cannot get a better title than the seller, that is, defendant No.2. Hence, the plaintiff seeks a decree of declaration that the documents fraudulently executed by defendant No.2 in favour of defendant No.1 dated 29.11.2001 are null and void. A decree of possession is also sought against the defendant directing them to handover the vacant and peaceful possession of the suit property.

(3.) The trial court by the impugned order noted the submission of the petitioner that the iqrarnama had no legal sanctity, a suit for permanent injunction filed by the plaintiffs based on the same has already dismissed and that the present suit has been filed beyond the period of limitation as the relief of declaration is barred by limitation.