J U D G M E N T

DINESH KUMAR SHARMA,J :

1. The present suit has been filed for declaration of title, possession, recovery of mesne profits, and permanent and mandatory injunction against the defendants.

2. The plaintiff has alleged that the plaintiffs have been forcibly dispossessed from the suit property and the defendants No. 4 and 5 have encroached upon the same since 22.11.2023 by way of force, coercion, deceit and preparation of false documents. It has further been alleged that the defendants no.4 and 5 have been using the suit property for their own personal use and generating revenue by illegally leasing the same to a third party without any authority.

3. Briefly stated, the facts as alleged by the plaintiffs are that the plaintiffs purchased two and a half storey built up property bearing Municipal NO. 2799 measuring 111 sq. yds, Khasra No.83, Block-P, Gali No. 19 and 20, situated at Naiwala Estate, Beedon Pura, Karol Bagh from its owner Mr. Om Prakash Mittal.

4. The defendant No.1 was a tenant of the suit property and upon his request, the plaintiff sold the suit property to him vide sale deed dated 06.08.1997. Defendant No.1 had taken a loan from Mr. Sardar Harbans Singh Sethi for purchasing the suit property, however, since he was unable to repay the loan, the defendant No.1 sold the property to Mr.Sardar Harbans Singh Sethi vide sale deed dated 18.03.1999.

5. in May 2001, defendant No.2 and 3 who are the mother and wife of defendant No.1 repaid the complete loan amount and bought back the property from Sardar Harbans Sethi vide sale deed dated 16.05.2001. In November, 2004, the father of the plaintiff Late Mr. Satpal Vij entered into an agreement of sale purchase for half undivided share of the ground floor and basement area for consideration of Rs.25,00,000/- and the physical possession was handed over to him in November 2004 on payment of Rs.10,00,000/-. The remaining payment was agreed to be made at the time of execution of the sale deed. In September, 2005, father of the plaintiff, Late Mr. Satpal Vij got to know that the late Smt. Usha Vij alongwith defendant No.2 had entered into an agreement to sale dated 17.09.2005 with Mr. R.C. Sahni and agreed to sell the complete suit property to him for consideration amount of Rs.56 lakhs. The father of the plaintiffs contacted Late R.C. Sahni and agreed to purchase the suit property from him and in pursuance of which, the plaintiffs and the Mr.R.C.Sahni entered into an agreement to sale for consideration of Rs.58 lakhs and earnest amount of Rs. 4 Lakhs was paid in September

2005.

6. The plaintiff alleged that in December, 2005, when Mr.R.C. Sahni started demanding execution of sale deed and physical possession of the suit property from late Smt. Usha Vij and defendant No.1 and 2, the defendant No.1 and 2 sought for an extension of time for the reasons that the physical possession had been handed over to the father of the plaintiff in 2005. In 2006, allegedly, the defendant No.4 and 5 along with their associates started having disputes with the plaintiffs herein owing to personal animosity and disputes. The plaintiffs alleged that late Smt. Usha Vij and defendant no.2 executed a sale deed in March, 2006 in favour of the defendant No.3 and 4 for the suit property for consideration of meagre Rs.8 lakhs and handed over the symbolic possession. The plaintiff has alleged that this transaction was totally illegal, in view of the fact that an agreement to sale had already been executed with Mr.R.C. Sahni from whom the plaintiffs had purchased the suit property.

7. The plaintiffs had also filed the suit CS (OS) 542/2010 against the defendant No.5 for a suit for recovery of possession with respect to the ground floor adjacent property of the suit property since the same was illegally encroached upon by the defendants in pursuance of one diamond business transaction. Allegedly, the said property was illegally sold by defendant No.5 to one Bawani Shankar in June, 2007. The Court in CS (OS