RAKESH KUMAR JUNEJA Vs. RAKESH KATHURIA

JUDGEMENT

(1.) THE plaintiffs have instituted this suit under Section 31 of the specific Relief Act, 1963 for cancellation of documents. It is inter alia the case of the plaintiffs that they are the owners of property no. E-255, Greater kailash-II, New Delhi. The colony of Greater Kailash-II was developed by DLF housing and Construction Ltd. ; plot no. E-255, Greater Kailash-II, New Delhi, was sold by DLF Housing and Construction Ltd. to Smt. Gurdial Kaur vide registered sale deed dated 27. 7. 1964; Smt. Gurdial Kaur vide registered sale deed dated 21. 3. 1966 sold the said plot to Shri Thakur Singh and Sh. Lashkar singh; the said Shri Thakur Singh and Shri Lashkar Singh vide registered sale deed dated 14. 12. 1970 sold the said plot to Shri Satender Singh; that the said shri Satender Singh vide registered sale deed dated 2. 5. 1986 sold the said plot to the plaintiffs no. 1 and 2 and their deceased father Shri Nand Lal Juneja and put them into the vacant peaceful possession of the said plot of land; that Shri nand Lal Juneja expired on 28. 3. 1991 bequeathing his 1/3rd share in the property to the plaintiff no. 3; the plaintiff no. 3 is the mother of the plaintiffs no. 1 and 2; that the plot is mutated in the record of the MCD in the name of the plaintiffs.

(2.) IT is further the case of the plaintiffs that they came across a public notice in the newspaper Hindustan Times of 8. 11. 1996 of the Advocate for the defendant no. 3 Punjab and Sind Bank, informing the public that the aforesaid property no. E-255, Greater Kailash-II, New Delhi, had been mortgaged by the defendants no. 1 and 2 in favour of the defendant no. 3 bank. The plaintiffs claimed to have got sent a legal notice to the Advocate of the defendant no. 3 bank claiming their ownership and disclaiming any right of the defendants no. 1 and 2 to the said property.

(3.) IT is further the case in the plaint that some other persons had also asserted ownership in respect of the said plot of land on the basis of a bogus gift deed dated 23. 6. 1966 purported to be executed by Smt. Gurdial Kaur; yet another defendant in that suit, and yet some other persons had claimed that Smt. Gurdial Kaur executed a will dated 22. 7. 1976 in his favour prior to her demise on 23. 9. 1976 and such person had claimed to have become the owner of the plot on the basis of the said Will and had executed four sale deeds all dated 11. 9. 1989 in favour of four different persons with respect to the 1/4th undivided share in the said plot of land. The plaintiffs claimed that they were forced to file the suit no. 3416/1992 in this court for cancellation of the said Gift Deed and sale deeds and this court vide judgment dated 6. 10. 1998 decreed the suit of the plaintiffs and held the four Sale Deeds and Gift Deed to be void.