CS(OS) Nos.116/08, 670/09

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 06.11.2012

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CS(OS) No.116/2008, IA No.3041/2010(u/s 151 CPC) and IA

No.17440/2012(u/O 23 R.1 & 2 CPC)

DIPAVALI DEBROY

..... Plaintiff

Through: Mr.Rohit Kumar, Advocate.

versus

BIBEK DEBROY & ORS.

..... Defendants

Through: Mr.P.Banerjee, Advocate

And

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CS(OS) No.670/2009, IA No.11622/2009(u/S 151 CPC) and IA

No.17441/2012(u/O 23 R.1 & 3 CPC)

BIBEK DEBROY

..... Plaintiff

Through: Mr.P.Banerjee, Advocate

versus

DIPAVALI DEBROY & ORS.

..... Defendants

Through: Mr.Rohit Kumar, Advocate

CORAM:

HON'BLE MR. JUSTICE V.K.JAIN

JUDGMENT

V.K.JAIN, J. (ORAL)

1. CS(OS) No.116/2008 has been filed by Smt.Dipavali Debroy, wife of

defendant No.1 in that suit against Shri Bibek Debroy and five others seeking

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declaration, cancellation and injunction. The case set out in the plaint is that

property bearing Flat No.6410(Ground Floor), Pocket C-6 & 7, Vasant Kunj, New

Delhi, Flat No.67(First Floor) in Block-F, Sushant Lok-II, Gurgaon and the Time

Sharing Unit sold by defendant No.6, namely M/s Prestige Holiday Resort Pvt.

Ltd. were jointly acquired by the plaintiff and defendant No.1. The flat in Vasant

Kunj is stated to have been purchased from defendant No.2 Mahmud Uddin by

way of documents comprising Agreement to Sell and Power of Attorney etc. The

Agreement to Sell was executed in favour of the plaintiff whereas the Power of

Attorney was executed in favour of defendant No.1. The flat in Sushant Lok was

acquired from defendant No.5 M/s Ansal Buildwell Ltd. whereas the Time Sharing

Units were acquired from defendant No.6. Defendant No.3 is stated to be the agent

of defendant No.1 acting for and on his behalf. The following prayers were made

in the suit:-

(i)

Declare the Conveyance Deed dt. 15.11.2000 registered as Doc. No.17120

in Addl. Book No.1, Vol.No.402 on pages 51 to 52 dt. 29.11.2000 executed

by Defendant No.4 in favour of Defendant No.2 as null and void and

consequently direct Defendant No.4 to execute a Conveyance Deed in

favour of the plaintiff or in the alternative direct specific performance of the

agreement to sell dt. 21.12.1993 and further direct defendant no.3 to

execute a sale deed in favour of the Plaintiff;

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(ii)

Declare the Plaintiff as owner of property bearing flat No.6410 (Ground

Floor) in Pocket C-6 & 7 , Vasant Kunj, New Delhi;

(iii)

restrain Defendant No.2 from executing documents for transferring the

property bearing flat No.6410 (Ground Floor) in Pocket C-6 & 7, Vasant

Kunj, New Delhi in favour of either defendant No.1 or Ms.Suparna

Banjerjee or jointly in their names;

(iv)

restrain Defendants No.1 and 2 from creating any third party interest of any

nature or kind whatsoever by misusing the General Power of Attorney

executed by Defendant No.2 in faovur of Defendant No.1 or misusing the

Conveyance Deed dt. 15.11.2000 executed in favour of Defendant No.2 by

Defendant No.4.

(v)

restrain Defendant No.1 to 3 or their agents, servants etc. from

dispossessing the Plaintiff from flat bearing No.6410 (Ground Floor) in

Pocket C-6 & 7, Vasant Kunj, New Delhi;

(vi)

restrain Defendant No.1 from entering in flat No.6410 (Ground Floor) in

Pocket C-6 & 7, Vasant Kunj, New Delhi or causing any interference in the

peaceful user and enjoyment of the Plaintiff and her ailing mother;

(vii)direct Defendant No.5 to execute a sale deed of flat no.F-67 First Floor in

Block-F, Sushant Lok-II, Gurgaon (Haryana) jointly in the names of the

plaintiff and Defendant No.1 and be pleased direct Defendant No.1 to join

in execution of the same;

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(viii)restrain Defendant No.1 from having the name of the plaintiff struck off as

co-owner of flat bearing No.F-67 F