IN THE HIGH COURT OF DELHI AT NEW DELHI
Navin Chawla, J.
Jagdish Kaur - Plaintiff
Versus
Pooja Verma & Another – Defendants
CS(OS) 1362 of 2014
Decided On : 19-01-2023
Indian Penal Code, 1860 - Section 420, 467, 468, 471, 120B - Registered sale deed - Cancel documents being forged and fabricated - Decree for declaration be passed in favour of plaintiff declaring registered sale deed as null and void document and concerned Sub Registrar may be directed to cancel abovesaid documents being forged and fabricated - Held, From perusal of photographs of plaintiff on EX.PW 1/2, that is, Sale Deed in her favour, and EX.PW 1/3, which is Sale Deed in challenge, it appears that there are two different persons, both claiming themselves to be plaintiff herein - In absence of any defence being led by defendants herein, plaintiff has been able to make out a case for cancellation of impugned Sale Deed that is EX.PW 1/3, which has been executed in favour of defendant no.1 - Accordingly, Sub Registrar of Documents is directed to cancel Sale Deed – Ordered accordingly.
JUDGMENT :
Navin Chawla, J.
1. The plaintiff has filed the present suit praying for the following relief:-
“a) A decree for declaration be passed in favour of the plaintiff and against the defendants declaring the registered sale deed registered with the office of the Sub Registrar vide document No.3426 in Additional Book No.1, Volume No. 4620 on pages 75 to 79 registered on 18.04.2013 as null and void document and the concerned Sub Registrar may be directed to cancel the abovesaid documents being forged and fabricated.
b) A decree for permanent injunction be also passed in favour of the plaintiff and against the defendants thereby restraining the defendants, their family members, relations, friends, agents, etc. from selling, alienating, parting with the possession or creating third party interest in the suit property i.e. entire second floor, without its roof /terrace rights, alongwith common entrance, passage and staircase, fitted with separate electric and water meter connections and common sewer connection in running condition, alongwith undivided 1/4th share in stilt parking on lower ground floor, also fitted with lift facility, a part of free hold built up property bearing No.203, in Block A, area measuring 180 sq. yds. i.e. 15.50 sq. mtrs. out of Khasra No.26, also with the proportionate rights of the land under the said property, situated in the area of village Bharola colony known as Majlis Park, Block A,Delhi-110033, which is clearly shown in red colour in the site plan annexed with the plaint, in the interest of justice;
c) Cost of the suit may also be awarded in favour of the plaintiff and against the defendants.”
2. The defendant nos. 1 and 4 were proceeded ex-parte vide order dated 24.09.2014. By an order dated 16.03.2016, defendant no.3 was directed to be served through affixation and publication. As none appeared for defendant no.2 in spite of service, defendant no.2 was proceeded ex-parte vide order dated 19.08.2016. In any case, the defendant no.2 has been impleaded as an unknown person as would be evident from the Memo of Parties.
3. The order proceeding defendant nos.1 and 4 ex-parte was recalled by this Court vide its order dated 23.01.2017, and fresh summons in the suit were issued to the said defendants. As defendant nos.1 and 4 could not be served through ordinary process, they were directed to be served through publication vide order dated 09.05.2018. Eventually the defendants were proceeded ex-parte vide order dated 11.12.2018.
4. The plaintiff filed her own affidavit dated 27.02.2019 in evidence and tendered the same on 12.07.2019.
5. It is the case of the plaintiff that the plaintiff by virtue of the Sale Deed dated 12.07.2012 (Ex.PW 1/2) registered with the office of the Sub-Registrar VI-A as Document no. 8,343, in Additional Book No. 1, Volume No. 4235 on pages 65 to 74 on 12.07.2012 (Ex. PW1/2) became the owner of the entire second floor without its roof/terrace rights along with common entrance, passage and staircase, fitted with separate electric and water meter connections and common sewer connection in running condition, along with undivided 1/4th share in stilt parking on the lower ground floor, also fitted with lift facility, a part of freehold built up property bearing No.203, in Block A, an area measuring 180 sq. yds. i.e. 15.50 sq. mtrs, out of Khasra No.26, also with the proportionate rights of the land under the said property, situated in the area of village Bharola colony known as Majlis Park, Block A, Delhi-110033 (hereinafter referred to as the ‘suit property’).
6. On 29.09.2013, four persons, namely, Mr.Beant Singh, Mr.Attar Singh Yadav, Mr.Satish Kumar and Mr.Mukesh Kumar came to the suit property and asked the plaintiff to vacate the suit property as defendant no.1 had purchased the suit property from one Smt. Jagdish Kaur. However, it became apparent from a perusal of the Sale Deed produced by them, which had been registered with the office of the Sub Registrar vide document no
SupremeToday
Fraudulent sale deeds executed under impersonation are void ab initio, establishing that legitimate ownership is upheld in favor of the rightful owner upon definitive evidence.
Court upheld the validity of plaintiffs' ownership and declared the defendant's claims based on forged documents as illegal, affirming the right to protection against transfer of property.
The burden of proof in a property dispute lies on the person claiming the title, and strict compliance with the provisions of the Registration Act is necessary for the validity of a sale deed and reg....
Registration authorities cannot cancel registered sale deeds; only Civil Courts can adjudicate fraud claims.
A Registering Authority cannot cancel registered documents without proper notice and the validity of such documents must be challenged in civil court.
A significant delay in challenging a sale deed undermines the grounds for granting a temporary injunction, especially when property rights are established.
The court's decision aimed to protect the interest of the parties and inform the general public about the pending litigations by directing the respondents to endorse the pendency of the Suits and the....
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