RAJPAL SINGH TANWAR Vs. KAMAL NANDA

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the Trial Court dated 5.5.2018 by which the trial court has decreed the suit filed by the respondent/plaintiff with respect to possession of the suit property being a plot bearing no.E-8, Kanwar Singh Colony Village Ranhaula, Nangloi, Delhi-110041 as shown in red colour in the site plan Ex.PW1/1.

(2.) The subject suit for possession, permanent injunction and mandatory injunction was filed by the respondent/plaintiff pleading ownership of the suit property in terms of the usual documentation being the Agreement to Sell, Power of Attorney, Will, Receipt etc dated 3.11996. The original owners of the suit property were four persons namely Smt. Bhan Devi, Sh. Hukum Chand, Sh. Lakhi Ram and Sri Ram. The suit property was sold by these four persons to Smt. Savitri Devi by a registered Sale Deed dated 14.6.1974. Smt. Savitri Devi sold the suit property to Sh. Bhagirath Singh by means of the usual documentation being the Agreement to Sell, Power of Attorney, Will etc dated 20.1.1987. Sh. Bhagirath Singh is the father of Sh. Vikram Singh and from which Sh. Vikram Singh the respondent/plaintiff purchased the suit property. The respondent/plaintiff pleaded that on the death of Sh. Bhagirath Singh the other legal heirs of Sh. Bhagirath Singh executed a Power of Attorney dated 11.1996 in favour of one legal heir Sh. Vikram Singh and who sold the suit property to the respondent/plaintiff. Respondent/plaintiff on purchase was put in possession of the suit property, and which was a vacant land at that point of time. On 15.2007 when the respondent/plaintiff visited the suit property he found that construction was going on and there was a name plate of the appellant/defendant on the newly constructed wall. There was thus filed an earlier suit for injunction by the respondent/plaintiff, but since respondent/plaintiff was dispossessed during the pendency of the earlier injunction suit, and the appellant/defendant had claimed ownership on the basis of forged and fabricated documents, hence the earlier suit was withdrawn on 26.9.2011 and thereafter the subject suit came to be filed.

(3.) Appellant/Defendant contested the suit and claimed ownership of the suit property by means of usual set of documents dated 21.2.1991 being the Agreement to Sell, Power of Attorney, Will Receipt etc. Appellant/defendant claimed to have purchased the suit property from Sh. Bhagirath Singh i.e the father of Sh. Vikram Singh. The appellant/defendant claimed to have been put in possession of the suit property by Sh. Bhagirath Singh on 21.2.1991. Appellant/defendant pleaded that the documents in favour of the respondent/plaintiff were forged and fabricated documents. The suit was therefore prayed to be dismissed.