SEEMA THAKUR Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The civil suit CS(OS) No.100/2010, from which the issues being considered and adjudicated upon here arise, was instituted by Smt. Seema Thakur, wife of late Sh. Bansi Lal Thakur ("the first noticee") through her attorney Sh. Vijay Kapoor ("the second noticee") besides against the Union of India, through Ministry of Urban Development and Land and Development Office of the Government of India (impleaded as first and second defendants), also showing in the array of parties, in the plaint as originally presented, the Municipal Corporation of Delhi (MCD) through its assessment and collection department as a defendant (fifth defendant). The record reveals that, on application subsequently made, by order dated 22.5.2013 passed by a division bench of this Court in RFA (OS) No. 42/2013, while the suit was restored (it having been earlier dismissed) by a learned single judge by order dated 18.02.2013, another defendant (sixth defendant) was added to the fray. The litigation though the suit, as it eventually crystallised, was essentially between the plaintiff on one hand and the three private defendants, they being Gopi Chand (third defendant), Sunita Wadhwa (fourth defendant) and Raj Kumar Bhatara (sixth defendant), the plaint praying for the following reliefs:-"

(2.) The decree for declaring that the Conveyance deed dated 20.12004 executed by defendant Nos. 1 and 2 at the instance and in favour of the defendant No.3 with respect to the Suit property (situated at 18/50, East Patel Nagar Market, New Delhi) is nullity and null and void in the eye of law and hence may be directed as cancelled,

(3.) The decree for declaring that the conversion of the suit property from lease hold to free hold done by defendant Nos. 1 and 2 at the instance and in favour of defendant No.3 with respect to the Suit property (situated at 18/50, East Patel Nagar Market, New Delhi) is nullity and null and void in the eye of law and hence may be directed as cancelled,