HARNEET SINGH SAHNI Vs. DALJIT SINGH & ORS

JUDGEMENT

(1.) Cm Appl. 24011/2019(exemption)

(2.) The suit was originally filed by the respondent no. 1 [hereinafter referred to as "original plaintiff"] against the legal representatives of his two brothers Harpal Singh and Roop Pal Singh [hereinafter referred to as "original defendants"]. The suit was in respect of property no. J-10/39, Rajouri Garden, New Delhi-110027, which was owned by the father of the plaintiff and the original defendants. The original defendants claimed title to the property by virtue of a gift deed dated 19.02.2000 executed by the father in favour of the said Mr.Harpal Singh & Mr.Roop Pal Singh. The plaintiff, on the other hand, claimed that he was entitled to the property by virtue of documents such as general power of attorney, special power of attorney, agreement to sell dated 25.07.2001, executed by his father. He filed the suit in question [C.S. 353/2017] before the Trial Court, praying for a declaration that the said gift deed is null and void and also for a decree of injunction restraining the original defendants from the selling, alienating, transferring or creating any third party interest in the property, as well as a mandatory injunction for the defendants to remove their goods and hand over the portion of the entire property to the plaintiff as shown in the site plan.

(3.) After the written statements were filed, the plaintiff's application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure was heard by the Trial Court and an injunction was granted by an order dated 31.07.2018, restraining the parties or any third person acting on their behalf from creating third party interests in the suit property. The Trial Court observed as follows :-