URMILA DEVI Vs. VINOD KUMAR AND OTHERS

JUDGEMENT

(1.) This suit is filed for perpetual and prohibitory injunctions and damages under section 37(2), 38 and 40 of Specific Relief Act, 1963. The plaintiff states that she is the absolute owner of the property measuring 300 sq.yards out of Khasra No. 317/214 in Village Mukundpur, Delhi-110042. The suit has been filed through her nephew/Special Attorney, namely, Sh. Sahib Singh Chauhan. It is pleaded that the defendants have no connection with the property and are part of land mafia who are trying to grab the property of the plaintiff.

(2.) As per the plaintiff, she has bought the suit property from Sh. Jai Bhagwan by virtue of registered General Power of Attorney (GPA), Agreement to sell, Affidavit, Receipt, Registered Will all dated 09.09.1996. Physical possession of the property was also handed over to her.

(3.) The plaintiff is said to be residing in Tehsil Deoband, District Saharanpur,U.P. She has also executed a GPA in favour of Ms.Meenakshi, daughter of Prof. J.D.Arya and her nephew, Sh. Sahib Singh Chauhan. It is pleaded that Sh. Jai Bhagwan was the owner of 400 sq. yards. He had bought this 400 sq. Yards from a couple of buyers. 200 sq. yards was bought from Smt.Bimbla Rani vide GPA, registered Will and Receipt dated 22.07.1996. Sh. Nand Kishore sold another 200 sq.yards to the said Jai Bhagwan on 22.07.1996 vide GPA, registered Will and Receipt. Hence, Jai Bhagwan became the owner of 400 sq. yards out of which 300 sq.yards was sold to the plaintiff.