The main legal point established in the judgment is the importance of proper demarcation to determine the impact of land acquisition on the location of a property and the need for consolidation of related civil suits to expedite the resolution of disputes.

JUDGMENT

Arun Monga, J. (Oral). - Petitioner is before this Court seeking invocation of revisional jurisdiction of this Court. Having been granted a favorable injunction order dated 31.10.2019 (Annexure P-24) by the Trial Court, he is aggrieved by impugned appellate order dated 27.10.2020 (Annexure P-26) passed by learned Additional District Judge, Gurugram, whereby the injunction granted by the Trial Court has been vacated and the application filed by the petitioner under Order 39 Rules 1 and 2 CPC in the pending civil suit has been dismissed.

2. Petitioner fears demolition of his only residential house in which he is currently staying alongwith his wife and two sons. The lis herein inter alia is whether the land on which house is located is part of the - collaboration agreement executed by parents of the petitioner (respondents no.1 and 2-recorded owners of the land) with a private builder, namely M/s Lotus Realtech Pvt. Ltd. (respondent No.5) or on the land acquired by HUDA/HSVP (respondent no.3) proposed to be used for sector road in Gurugram?

FACTS

3. Brief factual recitals first.

3.1. Here is a case where the entire family (petitioner, his parents and younger brother) had moved to Namibia in year 1993 when petitioner No.1was all of an 18 year old boy. It is pleaded that he wanted to study further in Namibia but due to financial constraints, it was only his younger brother who was allowed further studies by the father. He (petitioner No.1) had to start working early in life as he joined family business and successfully set up a cotton ginning factory. However, the hopes of the family to carry on the said business and to strive higher for greener pastures were soon hit with the life threatening troubles, which they faced from the local mafia at Namibia, resulting in the winding up of the entire family business within the short span of two years itself i.e. in September, 1995.

3.2. The case set up by the petitioner is that, in the aforementioned circumstances, he was left behind in Namibia while rest of the family members shifted back to India. He was assigned the tough task of winding up everything in Namibia. Despite the mafia threats, he brought back approximately 200,000 US Dollars. It is thus claimed that the money was brought from Namibia, though by him alone, but was joint family asset. It was from these very proceeds that two chunks of land, total measuring 20 kanal 5 marla, were purchased in Village Chawan, Tehsil and District -Gurugram in the name of the elder son i.e. petitioner No.1, by an irrevocable power of attorney dated 10.07.1996 executed in favour of petitioner by the vendors. It is stated that a lease deed of 99 years was executed by the vendors in favour of petitioner. Corresponding entry was also recorded in land records of revenue department. Jamabandi (revenue record entry) for the year 2005-06 reflects the same.

3.3. Later on, petitioner surrendered 99 years lease executed in his favor and vide a sale deed dated 03.07.2007, petitioner being a general power of attorney of the vendors, transferred the aforesaid land of 20 kanals 5 marlas in favour of his mother - respondent No.2 based on certain family arrangement. Concededly, the said sale deed was executed without any consideration. This is borne out from the admission of the parents in their pleadings. The house in question is built on 4 kanals 1 marla which is part of the same very land measuring 20 kanals 5 marlas transferred to the mother- respondent No.3 by petitioner. Built up area is though only 510.65 square yards. More of it later.

3.4. Dispute arose amongst family members leading to multiple litigations of which the particulars are given in succeeding paragraphs. Same are not denied since both the sides have filed suits and counter suits, including certain criminal proceedings.

3.5. One of the civil suits filed by petitioner is for seeking declaration that the transfer of 20 kanals 5 Marlas by him to his mother is null and void and non-est being