BABY @ NISHA Vs. MAHADEV MANDAL

JUDGEMENT

(1.) Briefly stated facts of the case are that Mahadev Mandal and his wife Smt. Parvati, both plaintiffs, had brought a suit against their daughter Baby @ Nisha w/o Pardeep Aggarpal, as well as her husband Pardeep Aggarpal, on the assertions that the suit property measuring 50 sq. yards situated within revenue estate of village Mawai, Tehsil and District Faridabad, was purchased by plaintiff Mahadev Mandal from one Raja Ram vide agreement to sell dtd. 14/7/1998 for a sum of Rs.35,000.00; that thereafter he spent Rs.2.00 lacs on construction of house over such site and finally he got the sale deed of the property executed and registered in the name of his 1 of 8 daughter defendant No.1 - Baby vide registered sale deed No.1277 dtd. 10/5/1999. However, such daughter of the plaintiffs namely Baby @ Nisha got married with defendant No.2 Pardeep Aggarpal against wishes of the plaintiffs. The plaintiffs prayed that sale deed in question be declared as null and void, for the reason that the total sale consideration was paid by plaintiff No.1 to the seller and seller had signed full and final sale agreement and receipt in the name of plaintiff No.1; that plaintiffs had spent a sum of Rs.2.00 lacs on construction over the site so purchased by plaintiff No.1 and they have been residing in the said house ever since; that they are running their business in the said property; that defendant No.1 has no concern with the suit property since she had never paid even a single penny to the plaintiffs at the time of purchasing the property and she was a minor girl aged about 13 years at that time; that sale deed No. 1277 dtd. 10/5/1999 is false, illegal and not binding upon the rights and title and interest of the plaintiffs and defendants have no right to dispossess the plaintiffs from the suit property on the basis of said sale deed. The plaintiffs prayed that the sale deed in question be declared as null and void. According to the plaintiffs, on 20/2/2007, the defendants came to the suit property and tried to dispossess the plaintiffs illegally. Feeling aggrieved, the plaintiffs brought the suit for declaration and permanent injunction.

(2.) On notice, both the defendants appeared and filed a written statement contesting the suit raising preliminary objections to the effect that the suit is bad for non-joinder of the necessary parties; that 2 of 8 no cause of action arose to the plaintiffs and they lack locus standi and are estopped to file the present suit; that the suit of the plaintiffs is barred by limitation; that the suit has not been properly framed; that the plaintiffs had concealed material facts from the court and had not approached with the clean hands, etc. On merits, the defendants claimed that defendant No.1 is absolute owner of the suit property; that she had raised a loan for construction of the house from private financier namely, Rajat Singh Fincap. Pvt. Ltd., Rajiv Gandhi Chowk, Old Faridabad and constructed the house over the plot; that defendant No.1 has been working since the age of 15 years and installments with regard to the loan were raised by her, which she has since repaid. In that way defendant No.1 is absolute owner of the suit property. While craving for dismissal of the suit, the defendants prayed that possession of the suit property be got delivered to them From the pleadings of the parties, following issues were framed:-

(3.) In order to prove their case, the plaintiffs examined Raja Ram as PW-1, Smt. Parwati as PW-2 and relied upon Exhibit P-1 original agreement to sell dtd. 14/9/1998; Exhibit P-2 original receipt dtd. 14/9/1998; Exhibit P-3 original agreement to sell dtd. 14/7/1998; Exhibit P-4 Affidavit dtd. 16/10/2004 and Mark PA copy of sale deed dtd. 10/5/1999. Thereafter the plaintiffs closed their evidence.