O R D E R

% 10.09.2024

1. The present suit has been filed for declaration of title, possession, recovery of arrears of rent and permanent injunction.

2. This suit pertains to two properties i.e., (a) property bearing no. 22, measuring 65 sq. yards (16’ X 36’), in Khasra No. 20/2, situated in the revenue estate of Village Matiala, Delhi, abadi known as Colony T Bock Extension, Part-I, Uttam Nagar, New Dehi-110059, shown in red in the site plan no. 1 (‘suit property no. 1’); and (b) Plot No. 20-A, measuring 60 sq. yds. (15’ X 36’), in Khasra No. 20/2, situated in the revenue state of Village Matiala, Delhi, abadi known as Colony T Bock Extension, Part-I, Uttam Nagar, New Dehi-110059, shown red in the site plan no. 2 (‘suit property no. 2’).

3. It is stated that suit property no. 1 was purchased by the plaintiff on 18.05.2017 from defendant no. 1 herein, vide unregistered customary documents i.e., GPA1, ATS2, affidavit, possession letter, receipt and Will all

1 General Power of Attorney

2 Agreement to Sell CS(OS) 736/2022 Page 1 of 7 dated 08.05.2017.

4. It is stated that likewise suit property no. 2 was also purchased by the plaintiff on 18.05.2017 from defendant no. 2 herein, vide unregistered customary documents i.e., GPA3, ATS4, affidavit, possession letter, receipt and Will all dated 08.05.2017.

5. It is stated that for the aforesaid two properties, the plaintiff paid a sum of Rs. 1.02 crores to defendant nos. 1 and 2. It is stated that Rs. 60 lakhs were paid by cheque and Rs. 42 lakhs were paid by cash.

6. It is stated that registration of sale deed(s) was not permissible in the year, 2017 for this neighbourhood and therefore the parties executed the customary document.

7. It is stated that the plaintiff was put in possession of both the properties on 08.05.2017, however, thereafter, plaintiff let out the said properties to defendant nos. 1 and 2 on rent. It is stated that defendant nos. 1 and 2 paid rent until December, 2020 and not thereafter.

8. It is stated that however, subsequently the plaintiff learnt5 that suit property no. 2 has been mortgaged by defendant nos. 1, 3 and 4 in favour of defendant no. 5, i.e., Oriental Bank of Commerce [Oriental Bank of Commerce has now merged with Punjab National Bank].

9. It is stated in the plaint that the plaintiff has also learnt that suit property no. 2 is in possession of defendant no. 6 i.e., Union Bank (presumably for a mortgage created by defendant nos. 1, 3 and 4).

10. It is stated that in September, 2022, the plaintiff learnt that defendant no. 5, Bank has initiated recovery proceedings against defendant nos. 1 to 4 before the Debt Recovery Tribunal, Delhi (‘DRT’) in OA. No. 249/2020 and

3 General Power of Attorney

4 Agreement to Sell

5 Paragraph 8(iii) of the plaint CS(OS) 736/2022 Page 2 of 7 the decree in favour of the Bank stands passed as on 07.09.2022. It is also stated that defendant no. 5, Bank had initiated proceedings under Section 13 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’) and has taken over the possession of the suit property nos. 1 and 2.

11. It is stated in the plaint that the title documents w.r.t suit properties deposited by defendant nos. 1 to 4 with the banks (i.e., defendant nos. 5 and 6) are forged and no title flows in favour of defendant nos. 1 to 4 on the basis of the said title documents.

12. In the aforenoted facts, the plaintiff has filed the present suit seeking a declaration that he is the sole and absolute owner of the suit properties on the basis of the customary documents (ATS, GPA, affidavit, possession letter, receipt and Will) executed by defendant nos. 1 and 2 on 08.05.2017. The plaintiff also seeks an injunction restraining defendant nos. 5 and 6 banks from enforcing the sale of the suit properties in the proceedings initiated under the SARFAESI Act. The plaintiff also seeks recovery of possession of the suit properties from defendant nos. 5 and 6 banks. The plaintiff lastly