JAI PARKASH Vs. MANOJ KUMAR

JUDGEMENT

(1.) Appellant-defendant, has filed this appeal being aggrieved of judgment and decree dated 20.08.2016, passed by the learned Civil Judge (Jr. Division), Gurgaon, as well as judgment and decree dated 20.05.2019, passed by the learned Additional District Judge, Gurugram, whereby suit filed by the plaintiff-respondent, has been decreed.

(2.) Brief facts necessary for the adjudication of the case are that respondent-plaintiff filed a suit for redemption of the property as detailed in the plaint. It is pleaded that the plaintiff was the absolute owner in possession of the said property. Earlier, Savitri Devi daughter of Phool Singh was the owner of this property. Plaintiff claimed to be the nephew of Savitri Devi and she statedly executed a registered will dated 04.03.2008 in favour of the plaintiff. Consequent to the death of Savitri Devi, plaintiff became the owner of the property. It is further pleaded that Savitri Devi took a loan of Rs.1,00,000/- from the defendant-appellant in February 2003 and in lieu thereof, a mortgage deed No. 1472 dated 20.02.2013 in respect to the suit property was executed. The plaintiff sought to return the mortgage amount of Rs.1,00,000/- and he sought vacant possession of the property in lieu thereof. However, the defendant is claimed to have avoided the matter. Legal notice dated 16.07.2013, was served upon the defendant, but to no avail. Accordingly, suit for redemption of the property was filed.

(3.) Appellant-defendant contested the suit while taking various preliminary objections. Plaintiff was denied to be the owner in possession of the suit property. It is stated that the defendant had purchased the suit property from Savitri Devi for a sum of Rs.5,00,000/- and the defendant was running a cloth showroom in the suit property over the last 12-13 years. The said shop was once damaged due to a fire and in the Rapat Rojnamcha report no. 28 dated 13.11.2004, the defendant was reflected to be the absolute owner of the suit property. Furthermore, a suit titled as 'Hari Singh Vs. Dr. Premchand Gupta', was filed before the Collector, Gurgaon, wherein the defendant is reflected to be the absolute owner of the suit property. It is stated that once Savitri Devi sold the suit property to the defendant during her lifetime for a consideration of Rs.5,00,000/-, the will in question is irrelevant. Dismissal of the suit was prayed for.