RAJESH KUMAR Vs. DHARAMRAJ SINGH

JUDGEMENT

(1.) This order will dispose of RSA No. 3505 of 2019 and CR. No. 4572 of 2019 as these are the off shoot of judgment and decree dtd. 15/3/2017 passed by the Civil Judge (Junior Division), Gurugram, judgment and decree dtd. 22/5/2019 by the Additional District Judge, Gurugram and order dtd. 22/5/2019 by the same court dismissing application for condonation of delay under Sec. 5 of the Limitation Act. For facility of reference, facts are taken from RSA No. 3505 of 2019.

(2.) A brief backdrop of the case is that respondent Dharamraj Singh, brother of appellant Rajesh Kumar filed a suit for partition in respect of plot measuring 174 square yards, situated within revenue estate of village Gurgaon now known as Laxman Vihar Phase-II, Dhanwapur Road, Gurgaon. The suit was contested by appellant Rajesh Kumar by filing the written statement. In addition thereto, he filed counter claim on the allegation that on the request of appellant, respondent-plaintiff located a plot in Gurgaon. Thereafter, the appellant arranged money for purchase of same. He could not arrange the entire sale consideration and some financial help was given by the respondent but respondent secretly got registered sale deed No. 9050 dtd. 7/1/1991 in joint name of the plaintiff and defendant. The appellant returned the borrowed amount of Rs.49,000.00 along with interest but the respondent failed to transfer his recorded share in the name of appellant, as promised. He sought declaration that he is absolute owner of the suit property and name of respondent-plaintiff in sale deed aforesaid is liable to be struck off.

(3.) The trial court decreed the suit filed by respondent but counter claim of the appellant-defendant was dismissed on 15/3/2017.