MANOJ KUMAR NARANG Vs. AMIT MEHRA

JUDGEMENT

(1.) The Appeal has been filed under Sec. 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908(hereinafter referred to as 'CPC'), against the impugned Judgment dtd. 17/10/2025 of the Learned District Judge, Delhi, whereby the Plaint was rejected under Order VII Rule 11 CPC, as being barred by Sec. 58 of the Limitation Act,1963, as well as devoid of the cause of action.

(2.) The brief facts of the case are that the Appellant/Plaintiff filed a Suit CS DJ 509/2022, for Declaration and Permanent Injunction for declaring two Sale Deeds dtd. 31/12/1996, of the property bearing Municipal No. 2628, Ward no XVI, Plot No. 1400/246 measuring 148 sq. yards, situated in Block N, Gali No. 4, Beadonpura, Bank Street, Karol Bagh New Delhi- 110005(hereinafter referred to as 'Suit Property'), purportedly executed by the Plaintiff, i.e. Manoj Kumar Narang and his mother Late Smt. Moran Devias null and void, having been obtained through fraud and Plaintiff be declared as owner to the extent of 1/6th share, having inherited 1/24th share of his mother Late Smt. Moran Devi. The Plaintiff has also sought Permanent Injunction for restraining the Defendants/Respondents Nos. 2 to 4, from creating third-party interest, in the suit property.

(3.) The Appellant/Plaintiff averred in his Plaint that he and his two brothers, Shri Raj Kumar Narang and Shri Anil Kumar Narang, i.e. Respondent No.5 and their mother Smt. Moran Devi, were the absolute owners of the entire suit Property, comprising of ground floor, first floor and the second floor, along with its terrace roof rights, having purchased it from erstwhile owner, vide four separate Sale Deeds executed on 11/8/1989 and four Sale Deeds dtd. 7/3/1994.