SUKHDEEP KAPOOR Vs. ATTAR SINGH

JUDGEMENT

(1.) THIS application under Order 23 Rule 1 and 2 of CPC has been moved by parties for taking on record a compromise entered into between them.

(2.) THE plaintiff has filed the instant suit claiming therein that he was an absolute owner of the property bearing Khasra No. 1627 Min, admeasuring 2 bighas 9 Biswas situated in Village Asola, Tehsil Mehrauli, Delhi. He has purchased this property vide a sale deed dated 7th February 1996 and was in continuous possession of the same. The mutation was done in his name on 4th July 1996. The plaintiff came to know from the local people in the vicinity of the land that Attar Singh and Jai Prakash Rawat, defendants No. 1 and 2, were claiming to be the owners of the property in question and that they had purchased the said property. Thereafter, plaintiff made investigations and found out that defendants had fraudulently got a sale deed registered in their names from one Mr. Santosh Kumar Dubey on the basis of a notorized General Power of attorney dated 2nd February 1997 of the plaintiff. The sale consideration shown in the sale deed was Rs. 12,50,000/- out of which Rs. 12,25,000/- had been paid in cash. The sale deed was registered in the office of Sub Registrar on 24th May 2007. It is submitted by the plaintiff that Santosh Kumar Dubey was not known to the plaintiff and he had not signed any GPA in his favour. The sale deed was executed on the basis of a notorized GPA copy of which was not even annexed to the sale deed. The NOC from the concerned Tehsildar was also obtained on the basis of this GPA and the Tehsildar was also in conspiracy with the defendants. It is submitted that the sale deed was non est in the eyes of law. It is also submitted that the defendants as a part of their modus operandi also made an application for demarcation in the revenue records on 26th July 2007. When the plaintiff came to know about all these things, plaintiff swung into action and filed the instant suit. In the instant application, it is submitted that with the help of a common friend of the parties, defendants No. 1 and 2 has agreed not to lay claim or any right, title and interest qua suit property possessed by them by virtue of the sale deed dated 24th May 2007 and they shall also surrender all original documents including the sale deed to the plaintiff. Defendants No. 1 and 2 shall also assist the plaintiff in all possible manner to claim benefits/rights arising from the said property to the maximum. It is prayed that a decree be passed in favour of the plaintiff and against the defendants declaring the sale deed dated 24th May 2007 was null and void.

(3.) THE instant application has been supported by the affidavit of defendant No. 1 and 2, who have sworn in the affidavit declaring therein that they shall not claim any right and interest in the property bearing Khasra no. 1627 Min, admeasuring 2 Bighas 9 Biswas situated in Village Asola, Tehsil mehrauli, Delhi. Learned counsel for both defendant has appeared.