RAJINDER SINGH Vs. DAYAWATI

JUDGEMENT

(1.) IA No.5428/2007 (u/O 22 R 10A CPC by LRs of Plaintiff No.2) Notice, which is accepted by the counsel for the non-applicants. This application has been filed seeking substitution of the legal representatives of plaintiff No.2, who passed away on 16.4.2007 and is survived by his wife, daughter and son. There is no opposition to the application. The application is allowed. Amended Memo of Parties be filed within a week.

(2.) CS (OS) No.344/2006 The plaintiffs have filed a suit for recovery of possession of suit property bearing Khasra land Survey no. 417 measuring 3 bighas 19 biswas situated in Village Masjid Moth, New Delhi and for declaration that the sale of property by late Gajdev Singh through registered sale deed dated 29.08.1956 (claimed by defendants 1-4 to be dated 27.08.1956) measuring one bighas out of the suit property measuring 3 bighas and 19 biswas to M/s National Pottery Works as also of one bigha sold out of the same vide sale deed dated 27.06.1955 (claimed by defendants 1-4 to be dated 27.08.1956), one bigha sold vide sale deed dated 06.01.1958, 19 biswas vide sale deed dated 23.11.1953 (claimed by defendants 1-4 to be dated 23.11.1955) and 19 biswas vide sale deed dated 06.01.1958 be declared null and void.

(3.) The plaintiffs are the legal heirs of deceased Sh. Gajdev Singh and had filed an earlier suit being the suit no.1676/95 before this Court claiming title and possession of the suit property being the same Khasra no 417, measuring 3 bighas 19 biswas situated at Village Masjid Moth. This suit was apparently transferred to the Districts Courts on increase of pecuniary jurisdiction and was withdrawn on 30.11.2005 by the plaintiffs with liberty to file a fresh suit before appropriate forum. Hence, the present suit.