SHILPI JAIN Vs. ANIL KUMAR BANSAL

JUDGEMENT

(1.) THE plaintiffs have filed this suit against the defendants seeking a declaration that the suit property bearing mustil No. 62, khasra No. (0-7) admeasuring 36 bigha, 8 biswa situated at village and PO Kanganheri, Tehsil Najafgarh, New Delhi be declared a HUF property owned by defendant No. 1 in view of sale deeds dated 22. 07. 1988 and 27. 02. 1989. The plaintiffs have further prayed for a declaration to declare the agreement to sell dated 24. 07. 2006 between defendants No. 2 to 5 to be void.

(2.) BRIEFLY stated the facts of the case relevant for disposal of this suit are that defendant No. 2 is the father of the plaintiffs. Defendants No. 3 and 4 are the mother and grand mother of the plaintiffs. Defendant No. 2 being the father of the plaintiffs is the karta of two HUFs namely Mr. Anil Kumar Bansal (HUF) and M/s Anil kumar Bansal and sons (HUF) (defendant No. 1 herein ). The suit property was purchased in the name of these two HUFs through its karta (defendant No. 2) vide sale deeds dated 22. 07. 1988 and 27. 02. 1989.

(3.) ON 24. 07. 2006, defendants No. 2 to 4 in their individual capacity entered into an agreement to sell the suit property to defendant No. 5 for a total sale consideration of Rs. 3. 90 crores and have received Rs. 39 lacs as advance. The plaintiffs who were the members of the HUFs were not parties to the said agreement to sell except that plaintiff No. 3 being minor at the time of agreement was represented by his father, defendant No. 2 herein.