Valmiki J. Mehta, J.

C.M. No.6430/2014 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

2. This Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is filed against the concurrent judgments of the courts below; of the trial court dated 14.3.2011 and the first appellate court dated 3.2.2014; by which the appellant’s/plaintiff’s suit for declaration and cancellation has been dismissed. Appellant/plaintiff in the suit prayed for declaration as illegal and void and cancellation of the documents executed by the mother of the parties Smt. Kaushalya Devi dated 10.12.2004 of the suit property bearing No.E-70 (first floor), Jhilmil Colony, Delhi 110095 on a plot of 45 sq mtrs. By the said documents dated 10.12.2004, the mother Smt.Kaushalya Devi had transferred rights in the suit property in favour of the defendant no.1/respondent no.1/daughter (sister of the appellant/plaintiff).

3. The facts of the case are that admittedly the documents by which the suit property was purchased were in the name of the mother Smt. Kaushalya Devi. The suit property was a plot when the same was purchased by the mother and thereafter construction o