The plaintiff must establish ownership through clear evidence; failure to present the original documents undermines claims, reinforcing the trial court's decision.

JUDGMENT :

Harpreet Singh Brar, J.

The present appeal is preferred against the judgment and decree dated 13.02.2017 passed by learned District Judge, Family Court-I, Faridabad, whereby a Civil Suit Number 34 of 2016/2012 titled as ‘Bharat Dixit v. Mrs.Usha Dixit' for declaration with consequential relief of permanent and mandatory injunction filed by the plaintiff/appellant against respondent, was dismissed.

Factual Background

2. Brief facts of the case are that plaintiff was married to defendant on 12.02.1996 according to Hindu rites and ceremonies. Two daughters namely Kajal and Akansha were born out of the wedlock. It is averred that plaintiff is the absolute owner of Plot No.94, Block A, SGM Nagar, Faridabad measuring 200 sq.yards i.e. 30 ft x 60 ft. forming part of Khasra No.132/4, situated within the revenue estate of village Badkhal, Tehsil and District Faridabad. The said property was purchased by him from various persons by making payment of the entire sale consideration. General Power of Attorney was also executed in his favour. Thereafter the plaintiff executed sale deed No.14969 dated 29.12.2015 in favour of the defendant and she became owner in possession of the same. Construction was raised on the said plot and after getting electricity connection, he started his business under the name and style of M/s.Bharat Engineering Works therein.

3. Further averments made by the plaintiff are that he had tried to maintain the defendant comfortably but she refused to perform her household chores. She used to treat him with cruelty and even used filthy language in the presence of his friends and relatives. She also threatened to implicate him in a false dowry case and he was constrained to file a divorce petition under section 13 of the HINDU MARRIAGE ACT against her but she did not put in appearance deliberately in that case which resulted in dissolution of marriage between them vide ex parte judgment and decree dated 19.07.2011. She moved an application for setting aside the said judgment and decree levelling false allegations of cheating and misrepresentation against the plaintiff/appellant and the same is still pending.

4. It is further averred that the plaintiff has also taken financial assistance from various banks and if he fails to repay the loan amount, banks would repossess his property. The prices of the aforesaid property have risen with the passage of time and the defendant became greedy. With an ulterior motive to cause financial loss to the plaintiff, she, in connivance with her family members and mafia element, had taken possession of the aforesaid property in the absence of plaintiff who has virtually been thrown out of employment. He has further averred that defendant has been regularly making false allegations against him and one such complaint was thoroughly investigated and found to be false by the police. Since defendant has forcibly taken possession of the suit property, she is liable to pay damages for use and occupation thereof at the rate of Rs. 10,000/- per month which is the minimum prevailing rate of rent in the locality.

Further, on 20.03.2012, defendant has openly declared that she would sell the property to some mafia. The sale deed in her favour is null and void as the entire sale consideration was paid by the plaintiff and he alone had been in possession of the same till her forcible entrance therein. He has thus sought a decree of declaration declaring the sale deed in favour of the defendant to be null and void and further declaring him to be the absolute owner of the suit property. As a consequential relief, he has sought a decree of permanent injunction restraining the defendant, her agents, employees, workers and persons Working on her behalf from selling, transferring, alienating or creating any third party interest in the suit property in any manner. He has also sought a decree of possession directing the defendant to deliver the peaceful and physical possession of the suit property to him