AJAY KAPOOR Vs. SHEELA RANI AND OTHERS

JUDGEMENT

(1.) This order of mine shall dispose of RSA No.4710 of 1999 arising out of decision of civil suit no.816 of 1986 titled as "Kanahia Lal (died) through Ajay Kapoor Vs. Sheela Rani and others and CR No.5908 of 2011 arising out of decision of rent petition no.110T of 2000 titled as "Sheela Rani Vs. Kali Charan and Ajay Kumar Kapoor."

(2.) Since the property in dispute is same, therefore, the aforementioned cases are clubbed and decided together.

(3.) In the civil suit, aforementioned, declaration was sought that Kanahia Lal (since deceased) represented through Ajay Kapoor was owner of the house in dispute which was rented out to two persons. The plaintiff was an opium addict and it transpired that defendant no.1-Sheela Rani and defendant No.2- Prem Krishan, who was watch repairer had played a fraud by obtaining the registered gift deed no.2271 dated 28.9.1984 in respect of the suit property. The challenge was laid to the aforementioned gift deed on the following grounds:-