AJAY GOEL Vs. K K BHANDARI

JUDGEMENT

(1.) The present suit has been instituted by the plaintiff against the defendants under Section 31 of the Specific Relief Act seeking for a decree for mandatory injunction as also for perpetual injunction. The plaintiff in the present suit has prayed for a decree that the documents namely original sale deed dated 10.1.1997 executed by Mrs. Malti Bhandari in favour of defendant No.1 and registered with the Sub-Registrar, Defendant No.4, the power of attorney dated 16.12.1996 registered on 18.12.1996 with defendant No.5 and the documents of transfer of property in favour of defendant No.1 by defendants No.3 & 8 be directed to be filed in court and the same be declared as void and cancelled and thereafter delivered upto the plaintiff.

(2.) The plaintiff earlier filed a suit being Suit No.2946/1996 for possession and permanent injunction and the same is pending in this court. It is stated that during the pendency of the earlier suit filed by the plaintiff for possession and in utter disregard of the rule of lis pendence as is enshrined under Section 52 of the Transfer of Property Act the defendants have fraudulently brought into existence aforesaid documents which were required to be declared as void. This court, however, by order dated 4.5.1998 ordered that before the suit is taken up for admission the plaintiff is to satisfy on the following points:- 1. Whether the suit as framed is maintainable? 2. Whether the suit for declaration simplicitor without claiming relief of possession is maintainable? 3. Whether the suit is properly valued for purposes of court fee and jurisdiction? 4. Whether the defendants 3 to 7 are necessary or proper parties? 5. Whether the suit against defendant No.5 is maintainable at Delhi?

(3.) The plaintiff was directed to advance his arguments on the aforesaid preliminary points. The court also called for the records of Suit No.2496/1996 as also the records of the Civil Writ Petition No.4488/1995 which have been made available with the record of the present suit.