Only a registered sale deed conveys ownership; unregistered documents such as Agreements to Sell do not confer rights in property, making a suit based on them subject to rejection.

JUDGMENT :

AMIT BANSAL, J.

1. The plaintiffs have filed the present suit seeking the following reliefs:

“A. Pass a final decree to carry out partition of the Suit Property i.e. property/ piece of land admeasuring 1 Bigha, 2 Biswas part of Khasral Rect. No. 29, Killa No. 1911 situated in the area of Village Karawal Nagar, Illaqa Shahdara, Delhi;

B. Pass a decree of permanent injunction in favour of the Plaintiffs and against the Defendants restraining them from selling, alienating, creating any third party interest, disposing of the suit property, or any part thereof.

C. Pass a decree of Declaration in favour of the Plaintiffs and against the Defendants, thereby declaring the Plaintiffs as 50 % and joint owners of the property/ piece of land admeasuring 1 Bigha, 2 Biswas part of Khasra/ Rect. No. 29, Killa No. 1911 situated in the area of Village Karawal Nagar, Illaqa Shahdara, Delhi.

D. Pass a decree granting cost of the suit in favour of the Plaintiffs and against the Defendants;

E. Pass any other order as this Hon'ble Court deems fit in the light of the facts and circumstances of the instant case.”

2. Counsel for the defendants submits that the plaint is liable to be rejected under Order VII Rule 11 (a) of the Code of Civil Procedure, 1908 (hereinafter ‘CPC’) as it does not disclose a cause of action and under Order VII Rule 11 (d) of CPC as being barred by limitation.

3. Briefly stated, the case setup by the plaintiffs in the plaint is as under:

3.1. The plaintiffs are the legal heirs of Sh. Dinesh Kumar Bhatia, who expired intestate on 19^th September 1985. The defendants are the legal heirs of Sh. Amrish Kumar Bhatia, who expired on 12^th December 2010.

3.2. Late Sh. Dinesh Kumar Bhatia and Late Sh. Amrish Kumar Bhatia were brothers and sons of the Late Sh. Kundan Lal Bhatia.

3.3. During his lifetime, Sh. Dinesh Kumar Bhatia had purchased a property jointly with his brother, Mr. Amrish Kumar Bhatia, bearing property/piece of land admeasuring 1 Bigha, 2 Biswas part of Khasra/ Rect. No. 29, Killa No. 1911 situated in the area of Village Karawal Nagar, Illaqa Shahdara, Delhi (hereinafter ‘suit property’).

3.4. The aforesaid suit property was purchased jointly by both brothers, i.e. the predecessors of the parties herein, on the basis of an Agreement to Sell (ATS) along with a Receipt and General Power of Attorney (GPA) both dated 7^th April 1981.

3.5. The plaintiffs, being legal heirs of the Late Sh. Dinesh Kumar Bhatia, claim 50% share in the suit property on the basis of the aforesaid documents.

3.6. The suit property is in joint and constructive possession of the plaintiffs and the defendants.

3.7. In the month of October 2021, the defendants entered into a scuffle with the plaintiffs and refused to partition the suit property. The defendants had threatened the plaintiffs to sell the share of the plaintiffs in the suit property and create third-party rights in the suit property, in order to defeat the legitimate claim of the plaintiffs.

3.8. The plaintiffs sent a notice dated 27^th October 2021 to the defendants claiming joint ownership of the suit property and seeking partition thereof. The said legal notice was replied to by the defendants by reply dated 21^st November 2021, claiming that the suit property was never in joint possession of the parties and there was a registered sale deed in favour of the defendants’ predecessor, Mr. Amrish Kumar Bhatia.

4. Summons in the present suit were issued on 10^th March 2022.

5. Vide order dated 22^nd March 2024, an application seeking amendment of the plaint, being I.A.6753/2024, filed by the plaintiffs was a