VIJAY LAXMI Vs. DINESH SACHDEVA

JUDGEMENT

(1.) The present Regular Second Appeal (hereinafter referred to as "RSA") has been preferred by the appellant-plaintiff assailing the judgment and decree dtd. 19/3/2025 passed by the learned Additional District Judge, Faridabad, whereby the findings recorded by the trial Court were affirmed in toto. The trial Court, vide judgment and decree dtd. 27/7/2018 rendered by the learned Civil Judge (Junior Division), Faridabad, had partly decreed the suit instituted by the appellant-plaintiff seeking a decree of declaration with consequential relief of permanent injunction. The appellant now calls into question the concurrent findings of the courts below, contending the same to be legally untenable and vitiated by errors of law and fact.

(2.) Briefly stated, the plaintiff and Sh. Ujjval Pal Singh jointly purchased Plot Nos. 97 and 98, measuring 1003 sq. yards, situated at Village Dabua, Faridabad, vide registered sale deed dtd. 19/9/1985, in equal shares. The parties constructed rooms on the said land to run a public school and subsequently constituted and registered Manav Sewa Public School Society in 1989, with the plaintiff as Head Mistress and Sh. Ujjval Pal Singh as President, while retaining ownership of the land and building, as expressly recorded in the society's constitution. The plaintiff alleges that defendant No.1, in collusion with Ms. Radha Devi, fraudulently and under threat compelled her to sign documents resulting in an alleged gift deed, which is asserted to be void ab initio, illegal, and non est. Despite complaints to police authorities, no action was taken. Hence, the present suit seeking declaration and consequential reliefs.

(3.) Upon service of notice, defendant No.1 entered appearance and filed a written statement raising preliminary objections as to maintainability, locus standi, cause of action, limitation, estoppel, and concealment of material facts. On merits, it was asserted that defendant No.1 is the lawful owner in possession of the suit property by virtue of a registered gift deed dtd. 15/1/2013. The execution thereof was claimed to be voluntary, and dismissal of the suit was sought.