USHA CHHABRA Vs. KRISHAN LAL DUTTA

JUDGEMENT

(1.) By the instant application under Order 39, Rules 1 and 2 of the Code of Civil Procedure, filed in Suit No. 1930/88, the plaintiffs seek an ad-interim injunction against the defendants restraining them from disturbing the possession of the plaintiffs in respect of property No. A-47, Virender Nagar, New Delhi. This application was dismissed by a learned Single Judge of this Court on September 15, 1988. The plaintiffs preferred an appeal being FAO(OS)-132/88. The Division Bench remitted the matter to the Single Judge for consideration of a document namely Exchange Deed dated April 28, 1964. This is how this application has come up before me. The relevant facts which are necessary for the disposal of the application are as follows:

(2.) The plaintiffs instituted the abovesaid suit on 10th August, 1988, inter alia, for declaration to the effect that the plaintiff No. 1 is the absolute owner of property bearing No. A-47, Virender Nagar, New Delhi and she is not liable to be dispossessed from the same in execution of a decree dated February 13, 1975 in Suit No. 492/73 passed by Sub-Judge, Ist Class, Delhi, in favour of the defendant No. 1 and against defendant No. 2 and late Mr. Goverdhan Dass and in execution of a decree dated 28th March, 1981 in Suit No. 409/80 passed by Sub-Judge, Ist Class, Delhi, in favour of defendant No. 1 and against plaintiff No. 2. The plaintiff No. 1 claims to the absolute owner of the abovesaid suit property measuring 200 sq. yds., Virender Nagar, New Delhi, the particulars whereof are as under: East (street) 15' wide West Road 20' wide North House No. WZ-213 on plot No. A-46 South House No. WZ-218

(3.) How the plaintiff No. 1 bases her claim to the suit property has some history behind it. One Dewan Ram Gopal, father of defendant No. 6, was the original owner of a large tract ofland comprised in Khasra No. 777, Mauza Tihar, including plot No. A-47, Mauza Tihar, now known as Virender Nagar, within the limits of Municipal Corporation of Delhi. On March 12, 1958 Ram Gopal sold a plot of land bearing No. VB-27, measuring 200 sq. yds. out of Khasra No. 777 situated at Virender Nagar to Smt. Shanti Devi, defendant No. 4. The sale-deed was registered on September 17, 1958 in the Office of Sub-Registrar, Kashmere Gate, Delhi. On July 30, 1959 Smt. Shanti Devi, defendant No. 4 sold the abovesaid plot in favour of Smt. Mohan Devi, defendant No. 5 for a consideration of Rs. 950.00 , vide sale deed registered in the Office of the Sub-Registrar, Delhi on July 31, 1959. On April 28, 1964 Smt. Mohan Devi, defendant No. 5 and Dewan Ram Gopal, the original owner, executed a document of exchange whereby plot No. VB-27 was exchanged with plot No. A-47 measuring 200 sq. yds. situated in the abovesaid Khasra number, namely, 777 in Virender Nagar, New Delhi. This Exchange Deed was registered on May 6, 1964. The description of the plots given in the Exchange Deed is as under: Plot No. VB-27 Plot No. A-47 East Gali(street) East Gali 15' wide West Sarak (Road) West Sarak Road 20' wide North VB/26 North Plot No. 26, H.No. WZ-213 owned by Sh. Ram Nath s/o Hushnak Rai. South House No. WZ-218