JAI RAM DAS Vs. GHANISHAM DASS

JUDGEMENT

(1.) The present suit is filed by the plaintiffs for declaration to the effect that plaintiffs are owners and in possession of the property in dispute to the extent of 3/4th share, beaning No. XIII/ 1533 (Aziz Can) old name) now known as Ashok Gali, Bahadurgarh Rc?d, Delhi, marked 'N, 'B', 'C', and 'D' and shown blue in the plan attached with the plaint and that the agreement to sell dated February 22, 1972 executed between the defendants and the judgment and decree passed in Suit No. 451/77 entitled Ghanisham Dass v. Vehra Mal, decided by Shri V.K. Jain, Sub Judge, Delhi and the decree in Appeal No. RCA8/1979 dtd. 22.9.1980 passed by Shri S.P. Sabharwal, ADJ, Delhi are ultra vires, void, illegal, without jurisdiction and nullity and as such are not binding upon the plaintiffs and do not in any way affect the right, title and interest of the plaintiffs in any manner whatsoever, and decree of declaration to the effect be passed in favour of the plaintiff and against the defendants with costs of the suit.

(2.) The plaintiffs are the sons of defendant No. 2 and the pedigree table may be reproduced as follows : Shri Chuhar Mal Shri Vehra Mal (defendant No. 2) Sh. Jai Ram Dass Vas Dev Girdhari Lal (Plaintiff No. 1) (Plaintiff No. 2) (Plaintiff No. 3) The relevant paragraphs in the plaint with regard to the facts as alleged are 2,3,4,5 and 6 which may be reproduced as follows :

(3.) It is further stated in paragraph 7 that defendant No. 1 filed a suit against defendant No. 2 in the Court of Shri V.K.Jain, Subordinate Judge, First Class, Delhi which was numbered as Suit No. 451/1977 for specific performance of the agreement dated February 22, 1972 which is referred to in paragraph 6 as stated above. This suit was decreed on September 23, 1978 and the necessary relief was granted to defendant No. 1. The appeal against this decree was preferred in the Court of Additional District Judge which was dismissed vide order dated September 22,1980 passed by Shri S.P. Sabharwal, ADJ, Delhi. No further appeal was filed against this judgment and the decree was made on September 23, 1978 and subsequently affirmed by the Appellate Court on September 22, 1980 has since become final. Copy of the appellate judgment is filed as Exhibit Dl. The present suit is filed impugning the decree made in favour of defendant No. 1.