ORDER

% 05.02.2024 I.A. 12333/2023 By way of the present application under Order VII Rule 11 of the Code of Civil Procedure 1908 („CPC‟), defendant No. 1 seeks rejection of the plaint on the ground that “……this Hon’ble Court do not have pecuniary jurisdiction to try and entertain the present suit……”.

2. The application is premised on the allegation that the Sale Deeds in respect of the suit property filed by the plaintiffs disclose the value of the properties as Rs. 25 lacs in each case, i.e. Rs. 50 lacs in total, in the year 2018. The applicant asserts that “……it is inexplicable that as to how the property which was purchased at a value of Rs. 25 lacs each in the year 2018 could amount to Rs. 2 crores in the year 2022.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/03/2024 at 02:51:07 CS(OS) 7/2023 Page 2 of 6

3. Accordingly, learned counsel for defendant No.1 submits that the plaint deserves to be rejected under Order VII Rule 11 CPC on the ground that the relief claimed is improperly valued.

4. The relevant prayers made in the plaint read as follows :

d) ……… e) ………”

“a) Pass an order declaring the alleged unregistered and

fabricated documents in favour of Phool Hasan, the alleged

fabricated and concocted Relinquishment Deed executed in favour

of defendant no.2 by defendant no.3 & the alleged Mortgage Deed

executed in favour of defendant no.1 by defendant no.2 as null and

void;

“b) Pass a decree of cancellation of the alleged unregistered

and fabricated documents in favour of Phool Hasan, the alleged

fabricated and concocted Relinquishment Deed executed in favour

of defendant no.2 by defendant no.3 & the alleged Mortgage Deed

executed in favour of defendant no.1 by defendant no.2;

“c) Restrain defendant no.1 from taking possession of the

premises No. 33-A, admeasuring 128 sq. yards, situated at Block A-

1, Chanakya Place, Part-1, Uttam Nagar, New Delhi- 110059 on

the basis of alleged relinquishment deed and mortgage deed;

“a) Pass an order declaring the alleged unregistered and

fabricated documents in favour of Phool Hasan, the alleged

fabricated and concocted Relinquishment Deed executed in favour

of defendant no.2 by defendant no.3 & the alleged Mortgage Deed

executed in favour of defendant no.1 by defendant no.2 as null and

void;

“b) Pass a decree of cancellation of the alleged unregistered

and fabricated documents in favour of Phool Hasan, the alleged

fabricated and concocted Relinquishment Deed executed in favour

of defendant no.2 by defendant no.3 & the alleged Mortgage Deed

executed in favour of defendant no.1 by defendant no.2;

“c) Restrain defendant no.1 from taking possession of the

premises No. 33-A, admeasuring 128 sq. yards, situated at Block A-

1, Chanakya Place, Part-1, Uttam Nagar, New Delhi- 110059 on

the basis of alleged relinquishment deed and mortgage deed;

5. Accordingly, it is noticed that the plaintiffs pray-for a declaration that certain documents that are subject matter of the suit, are fabricated;

that such documents be declared null and void; (alternatively) that such documents be cancelled; and that a permanent injunction be issued restraining defendant No. 1 from taking possession of the suit property.

6. The relevant provision, viz. section 7 of the Court-fees Act, 1870 and section 8 of the Suits Valuation Act, 1887 relating to the computation This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/03/2024 at 02:51:07 CS(OS) 7/2023