REKHA GUPTA Vs. ASHOK KUMAR & ANR

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the trial court dated 18.9.2017 by which the trial court has rejected the plaint under Order VII Rule 11 CPC in the suit filed for recovery of possession, mesne profits and damages. The suit property is a flat bearing no. D-192, Gali No.2, West Vinod Nagar, Delhi-110092.

(2.) The facts of the case are that the appellant/plaintiff claims ownership of the suit property in terms of the documentation being the Agreement to Sell, Power of Attorney, Will etc dated 20.7.2013 executed by Sh. Rameshwar Dayal. Appellant/plaintiff is the daughter-in-law of Sh. Rameshwar Dayal being the wife of Sh. Mukesh Gupta who is the son of Sh. Rameshwar Dayal. Defendant no.1 in the suit Sh. Ashok Kumar, is the other son of Sh. Rameshwar Dayal, and the defendant no.2 is the wife of the defendant no.1. Appellant/plaintiff has pleaded that on 9.8.2015 the respondents/defendants dispossessed the appellant/plaintiff from the suit property. By the subject suit therefore the appellant/plaintiff by pleading that she is the bonafide purchaser of the suit property who has been dispossessed by the respondents/defendants, had sought the reliefs of possession, mesne profits and injunction.

(3.) Written statement was filed by the respondents/defendants. It was pleaded in the written statement that there is no set of documentation dated 20.7.2013 executed by Sh. Rameshwar Dayal in favour of the appellant/plaintiff and in fact Sh. Rameshwar Dayal had bequeathed the suit property in favour of his two sons being the respondent no.1/defendant no.1 and the husband of the appellant/plaintiff in equal shares in terms of the Will dated 7.5.2014. The documents relied upon by the appellant/plaintiff dated 20.7.2013 were pleaded to be forged, fabricated and a sham transaction including for the reason that no payment of money was ever made by the appellant/plaintiff to Sh. Rameshwar Dayal.