VIVEK MALHOTRA Vs. AJIT KAUR GILL AND ORS.

JUDGEMENT

(1.) Heard Mr.Aashish Chopra, learned counsel for the petitioner and Mr.M.L.Sarin, learned senior counsel appearing on caveat on behalf of contesting respondent No.1. The remaining respondents are not contesting parties. By consent, the matter is taken on board for final disposal.

(2.) The land in dispute measures 1K-1M being 3/8th share of land comprised in Rectangle No.45, Killa No.11/2 (4-4) situated in Revenue Estate of Village Gopalpur, Tehsil and District Gurgaon. Defendant-respondent No.1 Ajit Kaur Gill purchased land measuring 3K- 3M i.e. 3/4th share out of the land in Rectangle No.45, Killa No.11/2 (4-4) by way of a registered sale deed bearing Vasika No.7901 dated 4th March, 1985. Ajit Kaur Gill further sold a part of the land in dispute to defendant-respondents No.2 and 3 namely Babu Lal Sharma and his wife Smt.Maya Devi.

(3.) Plaintiff Preet Pal filed the present suit for declaration and alternatively for possession with consequential relief of permanent injunction on 6th January, 2006 praying that the sale deed bearing Vasika No.7901 dated 4th March, 1985 and subsequent sale deed in favour of defendant-respondents No.2 and 3 are liable to be ignored and are not binding on his rights as he was a minor when the alienation took place. Further that the plaintiff is owner in possession of the suit land. Prayer in suit is also for permanent injunction regarding selling/alienating etc. the suit land. In the suit, the name of Ajit Kaur Gill was mentioned as 'Amrit Kaur Gill'. Notice of the suit was issued to the defendants on 9th January, 2006. Babu Lal Sharma and Maya Devi were proceeded against exparte by the learned trial Court. Till 8th August, 2007, Ajit Kaur Gill was not served with the summons as the plaintiff respondent No.1 had given her wrong name and address. It was on this date that the learned trial Court ordered that 'Amrit Kaur Gill' (real name Ajit Kaur Gill) be served by way of publication in the Dainik Jagran by substituted service.