ASHA DEVI Vs. SATPAL SAINI & ANR

JUDGEMENT

(1.) Ia No.9574/2017 (u/O 39 R-1&2 CPC)

(2.) I have heard the learned counsels for the parties and have examined the file. In the plaint, the plaintiff claimed herself to be the owner of the suit property on the basis of Will executed by her father on 24.07.1971 registered with Sub Registrar-III. Plaintiff's father expired on 29.08.1995. It is further averred that defendant No.1 lived in the suit property on the basis of a temporary licence given by her father. When she asked the defendant no.1 to vacate the suit property, he avoided it on one pretext or the other. Subsequently, he claimed that a sale deed dated 12.04.1990 was executed in his favour by the defendant No.2 as attorney of her father. The said sale deed is forged and fabricated document and no power of attorney was executed by her father in favour of defendant No.2. FIR 162/2017 dated 25.05.2017 under Sections 420/467/468/471/120B IPC has been lodged at Police Station Hauz Khaz.

(3.) In the written statement the defendant No.1 controverted the plaintiff's assertions and claimed that the property in question was sold to him for consideration by a registered sale deed by defendant No.2, being attorney of plaintiff's father on 12th April, 1990. The sale was never challenged by the plaintiff or her father during his lifetime. The property in question has been mutated in his name. The construction is being raised as per the sanction of the concerned authorities.