JUDGMENT

1. The instant application has been moved by the Plaintiff seeking to introduce various amendments in the plaint which has been filed in the original suit. The suit seeks a declaration that the sale deed dated 18 February 2001 conveying title upon Defendant No.1 with respect to the first floor of property bearing No. B-217, Greater Kailash-I, New Delhi-110048 [Suit Property] is liable to be declared as being null and void.

2. The case as set forth in the plaint is that the father of the Plaintiff purchased the suit property sometime in the year 1964 and constructed a house which stands thereon. The Plaintiff is alleged to have shifted out of the suit property upon her marriage in 1976. It is her case that in 1979 and upon the suit property being renovated, the second Defendant moved to the first floor from the ground floor of the suit property. It is averred that the Defendants continued to occupy the first floor of the suit property before completely vacating the same and shifting to the second floor sometime in January 2003.

3. It is asserted that in 1994 the Plaintiff along with her husband and son moved into the suit property and began residing on the first floor thereof. The plaint also alludes to a Will executed by the father of the Plaintiff on 28 February 1999 and in terms of which the entire first floor was bequeathed to the Plaintiff whereas the ground floor including the garage and other associated structures as also the second floor and terrace came to be willed in favor of the Defendant No.2.

4. The Plaintiff further asserts that her father came to be saddled with various debts and in order to settle disputes with the Indian Overseas Bank, it was agreed that he would sell the same and liquidate the amounts payable to the bank from the proceeds thereof. It was in the aforesaid backdrop that the Sale Deed dated 18 September 2001 is stated to have been executed in favor of Defendant No.1 who had stepped in and agreed to purchase the property to the extent specified above, namely the ground floor, second floor, terrace and furnish consideration in connection therewith. It is the case of the Plaintiff that she always believed that the sale deed of 18 September 2021 related to the ground floor, second floor and terrace of the suit property alone and that the father never intended to convey or sell any part of the suit premises occupied by her.

5. It is then alleged that in light of various allegations of corruption that came to be laid against Defendant No.2 and fearing coercive action, he left the suit property in April 2016 and is currently a fugitive from justice. According to the Plaintiff, it was in June 2019 when officials of the Central Bureau of Investigation [CBI] visited the suit property that she came to know of the various criminal cases which had come to be registered against Defendant No.2. She asserts that on or about July 2019, various brokers and real estate agents started to visit the suit property and when she raised this issue with the Defendants, she was apprised that the sale deed had conveyed to the Defendant No.1 all rights in respect of the entire suit property including the first floor.

6. It is thereafter that she is stated to have visited the office of the Sub-Registrar on 11 September 2019 and obtained a certified copy of the sale deed in question. The Plaintiff further alleges that she was taken by shock and surprise when she realised that the sale deed in question purports to create rights in favour of and confer rights upon the first Defendant in respect of the entire property. It is in that backdrop that she