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2015 Supreme(Del) 2158
IN THE HIGH COURT OF DELHI AT NEW DELHI
PRADEEP NANDRAJOG, MUKTA GUPTA, JJ.
SANJEEV BANSAL & ORS. - Appellants
Versus
GURNAM KAUR & ORS. - Respondents
RFA(OS) 70/2015
Decided On : 14.8.2015
Ms. Jyoti Singh, Sr. Advocate instructed by Mr. Sameer Sharma, Advocate.
Mr. Manish Vashisht, Advocate with Mr. Sameer Vashisht, Advocate for Respondent No.1.
Mr. Mukesh Gupta, Advocate with Mr. Aakash Goel, Advocate for MCD.
The central legal point established in the judgment is the importance of proving the validity of property documents, such as Sale Deeds and Wills, and the significance of evidence in property disputes.
Headnote:
Forgery - Property Dispute - Code of Civil Procedure - Order 41 - Sale Deeds - Will - Probate - Mutation - Possession - Injunction - Cancellation - Legal Heirs - Bona Fide Purchasers
Fact of the Case:
The suit involved a property dispute where the plaintiff, Gurnam Kaur, claimed ownership of certain properties based on a Sale Deed and a Will executed by her late husband. The defendants contested the claim, alleging that the Sale Deeds were forged and that they were bona fide purchasers from the deceased's son. The court considered evidence related to the execution of the Sale Deeds, the probate of the Will, and the possession of the properties.
Finding of the Court:
The court found that the Sale Deeds were forged and fabricated as the deceased had passed away before their execution. It also held that the plaintiff had proved the death of her husband and the validity of the Will, entitling her to the reliefs sought in the suit.
Issues: Valuation of the suit property, limitation for relief of declaration, adverse possession, validity of Sale Deeds, possession of defendants, entitlement to reliefs sought in the suit, competence of defendants as purchasers, and filing of written statement by defendants.
Ratio Decidendi: The court's decision was based on the proof of the deceased's death, the validity of the Will, and the lack of evidence supporting the defendants' claims regarding the Sale Deeds and their possession of the properties.
Final Decision: The appeal was dismissed as the court found no merit in the defendants' claims and upheld the decree in favor of the plaintiff.
MUKTA GUPTA, J.
1. For the purposes of deciding the instant appeal we have considered the record of the suit which has been sent to this Court as per practice directions issued. Since learned senior counsel for the appellant, on instructions from the appellants’ counsel and learned counsel for the plaintiff/the contesting respondent No.1 stated that the appeal itself be heard and no date for hearing of the appeal be fixed as contemplated by sub-Rule of Rule 11 of Order 41 of the Code of Civil Procedure, we had heard arguments in the appeal on July 29, 2015.
2. Vide a common judgment dated April 10, 2015 the learned Single Judge disposed of CS (OS) No.1350/1995 titled as ‘Mrs. Gurnam Kaur vs. Pritam Singh’ and Test Case No.81/2008 titled as ‘Administrator General vs. State and others’. The present appeal arises from the impugned judgment dated April 10, 2015 disposing of CS (OS) No.1350/1995 by passing a decree in favour of Gurnam Kaur in terms of Para-32 (i-ix) of the prayer clause of the amended plaint with costs as prayed for besides directions to the Commissioner of Police to investigate the matter and submit a report and directions to the defendant No.5/Municipal Corporation of Delhi (MCD) not to give effect to mutation made in favour of defendant Nos.1 and 2, that is, Pritam Singh Bhatti and Paramjit Singh and to cancel the same within eight weeks.
3. Smt. Gurnam Kaur originally filed a suit against Pritam Singh Bhatti as defendant No.1, Paramjit Singh as defendant No.2, Rajouri Garden D Block and adjoining Areas Welfare Association as defendant No.3, H.S. Bhatia as defendant No.4, MCD as defendant No.5, which was later on amended and Sanjeev Bansal, Suresh Bansal and Neelam Bansal were impleaded as defendant nos. 6, 7 and 8 respectively (the appellants). The final prayers in the suit were:-
“i. A decree of declaration be passed in favour of the Plaintiff and against the Defendants, declaring the Plaintiff to be the absolute owner and in possession of the property commonly known as D-1/21 and D-1/20, Rajouri Garden, New Delhi
ii. A decree in favour of the Plaintiff and against Defendant No.1 for cancellation of the Sale Deed registered on 5.8.1991 as document No.4657 in Addl. Book No.1 Volume 5528 at pages 114 to 119. ANNEXURE “A” pertaining to half undivided portion out of 373 sq. yds. of plot No.D-1/21, Rajouri Garden, New Delhi and the sale deed ANNEXURE “D” pertaining to half undivided portion out of 458 sq. yds. of plot No.D- 1/20, adjudging the above-said sale deeds as null and void and for directing Defendant No.1 for delivering up the sale deeds ANNEXURE “A” and ANNEXURE “D”;
iii. A decree in favour of the Plaintiff and against Defendant No.2 for cancellation of the Sale Deed registered on 5.8.1991 as document No.4658 in Addl. Book No.1 Volume 5528 at pages 120 to 125. ANNEXURE “B” pertaining to half undivided portion out of 373 sq. yds. of Plot No.D-1/21, Rajouri Garden, New Delhi and the sale deed ANNEXURE “C” pertaining to half undivided portion out of 458 sq. yds. of Plot No.D- 1/20, adjudging the above-said sale deeds as null and void and for directing Defendant No.2 for delivering up the said sale deeds ANNEXURE “B” and ANNEXUE “C”;
iv. A decree in favour of the Plaintiff and against Defendants No. 6 to 8 for cancellation of the Sale Deeds registered on 6.4.1995, 19.4.1995 and 3.8.1995 and the Sale Deed awaiting registration for directing Defendants No.6 to 8 to deliver up the Sale Deeds annexed hereto as ANNEXURE F, G and H;
v. A decree against Defendant No.1 for cancellation of the forged and fraudulent General Power of Attorney dated 17.5.1990 adjudging it as null and void and for directing Defendant No.1 for delivering up the said General Power of Attorney;
vi. A decree against Defendants No. 3 & 4 for cancellation of the Will dated 5/4/1983 ANNEXURE “E” adjudging the same as null and void and for dir
