CHANDER KANT MISHRA Vs. CHETAN EXPORTS INTERNATIONAL

JUDGEMENT

(1.) A suit for declaration, possession and mesne profits has been filed by the plaintiffs in respect of property No.29-A, Gali No.1, Govindpuri, Kalkaji, New Delhi (hereinafter referred to as the suit property). The suit property is a freehold property and was sold by Shri Ram Rekhi Gujjar to one Shri Bihari Lal vide registered sale deed dated 23.8.1965. Shri Bihari Lal in turn executed a sale deed in favour of one Shri Chaman Lal on 24.12.1970 who executed a sale deed in favour of Shri Balbir Singh on 4.2.1974. Shri Balbir Singh passed away leaving behind his wife Shrimati Gurbaksh Kaur and two sons namely Shri Gajender Singh and Shri Jaswinder Singh. Shrimati Guarbaksh Kaur also passed away in January 1994 and the two surviving sons applied for mutation of the property in their names. The mutation was carried out in their names on 1.9.1994.

(2.) The said two persons are stated to have entered into an agreement to sell in favour of the plaintiffs soon thereafter on 14.9.1994 and the original documents are stated to have been handed over to the plaintiffs. Defendant No.1 is stated to be in possession of the suit property as a licensee in pursuance to a License Deed executed by late Shrimati Gurbaksh Kaur in favour of defendant No.1. The plaintiffs claim to have sent intimation of the sale to defendant No.1 vide letter dated 14.9.1994.

(3.) It is the case of the plaintiffs that in December 1996 they came to know through a local property dealer that defendant No.1 was claiming itself to be the owner of the property and was offering the same for sale. The plaintiffs gave a public notice in a local newspaper on 31.12.1996 about their rights in the suit property.