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2016 Supreme(Del) 3308

JAYANT NATH
YOGESH SHARMA – Appellant
Versus
RAJ BALA – Respondent


Advocates Appeared:
For the Petitioner: Mr. Girish Malhotra & Mr. Pankaj Kumar Rajan.

JUDGMENT :

JAYANT NATH, J.

C.M. No.32022/2016 (for exemption)

Allowed, subject to all just exceptions.

C.R.P. No.137/2016 & C.M. No.32023/2016 (for stay)

1. By the present petition, the petitioner seeks to impugn the order dated 8.6.2016 by which the application of the petitioner under Order VII Rule 11 CPC was dismissed.

2. The plaintiffs/respondent Nos.1 to 4 filed a suit for declaration, possession and permanent injunction. A perusal of the plaint shows that the plaintiff/respondent Nos.1 to 4 claim title from the predecessor-in-interest, Om Prakash, who is said to have possessory rights on the land situated in the revenue estate of village Tuglaqabad from the recorded owner Hansraj Dhawan on 30.10.1984. The plaint also avers that the predecessor-in-interest of respondent Nos.1 to 4 was in possession of the land during his lifetime and after his demise, the suit property has been in actual physical possession of respondent Nos.1 to 4. It is further averred that defendant Nos.1 and 2, namely, the petitioner and respondent No.5, in order to grab the plot, have mischievely and fraudulently got prepared some documents, that is, GPA, agreement to sell, affidavit, etc. which are forged and






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