$-

* IN THE HIGH COURT OF DELHI AT NEW DELHI BEFORE HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV + RFA 747/2019, CM APPLs. 37124/2019 & 37917/2021 Between: -

RAJNEESH KUMAR SHARMA S/O LATE RADHEY SHYAM SHARMA R/O 824 STREET NO.11, FIELDGANJ, LUDHIANA, PUNJAB ......APPELLANT (Through: Mr.Vijay Kumar Gupta and Mr.Mehul Gupta, Advocates)

AND

1. JAGANNATH SHARMA (SINCE DECEASED) THROUGH LRS A. INDIRA SHARMA W/O LATE JAGANNATH SHARMA B. GIRISH SHARMA S/O LATE JAGANNATH SHARMA C. MANOJ SHARMA S/O LATE JAGANNATH SHARMA D. SANJAY SHARMA S/O LATE JAGANNATH SHARMA ALL BEING RESIDENT OF 272/4 NEW JANAKPURI, NEAR GROVER SCHOOL, SALEEM TIBRI, LUDHIANA, PUNJAB.

.....RESPONDENT NO.1 Signature Not Verified Signature Not Verified Digitally Signed Digitally Signed By:MAANAS JAJORIA2. BIMLA PRABHAKAR By:PURUSHAINDRA W/O OM PRAKASH PRABHAKAR R/O 342/LA NETAJI NAGAR, NEAR DASHMESH COLD STORAGE, LUDHIANA, PUNJAB .....RESPONDENT NO.2

3. DELHI DEVELOPMENT AUTHORITY VIKAS SADAN, NEW DELHI.

THROUGH ITS CHAIRMAN .....RESPONDENT NO.3

4. THE SUB REGISTRAR, OFFICE OF SUB REGISTRAR-II, JANAKPURI, NEW DELHI .....RESPONDENT NO.4 (Through: Mr.Piyush Kant Jain, Mr.Inderpal Khokar and Ms.Neha, Advocates.)

------------------------------------------------------------------------------------

% Reserved on: 02.07.2024 Pronounced on: 07.08.2024 ------------------------------------------------------------------------------------

J U D G M E N T

This appeal is directed against the judgment and decree dated

16.07.2019 passed in Civil Suit No.13536/2016 by the Court of Additional District Judge-02, District West, Tis Hazari Court, Delhi, decreeing the civil suit filed by the plaintiff/respondent no.1 qua declaration/cancellation of documents, possession, recovery of mesne profit, damages and injunction.

DESCRIPTION OF PARTIES

2. The respondent no.1, namely, Jagannath Sharma (since Signature Not Verdifeiecdeased) filed civil suit against the present appellant andS igRnaetsupreo Nnodt eVnetr ified Digitally Signed Digitally Signed By:MAANAS JAJORIANos.2 to 4. By:PURUSHAINDRA

3. The parties to the dispute and their depiction before the trial court and this court is as shown below:-

4. The inter se relationships of the parties is also shown by the following family tree:

Signature Not Verified Signature Not Verified Digitally Signed Digitally Signed BRIEF FACTS

5. The facts of the case exhibit that one Baldev Raj Sharma was the owner of the suit property situated at House No.C-2/34, Janakpuri, New Delhi (hereinafter referred as “suit property”). He was visually impaired by birth and remained unmarried until his death on 21.02.2008. The respondent No.1 remained under the impression that the estate of deceased Baldev Raj Sharma shall be devolved upon the legal heirs in equal proportion as he had died intestate. However, he discovered that a gift deed and a Will concerning the property of the deceased had been executed in favour of the appellant and was registered at the office of respondent No.4 i.e. Sub-Registrar.

6. Aggreived thereby, respondent no. 1 moved the trial court for declaration/cancellation of gift deed dated 08.03.2007, possession of suit property, recovery of mesne profit, damages and injunction against the appellant. It is stated by respondent no.1 that deceased Signature Not VerBifiaelddev Raj Sharma, the owner of the suit property had dieSdig nianttueres tNaotte V aetr ified Digi