Mohit Tiwari v. Krishan Pal & Ors.

1. This is a suit seeking declaration and permanent injunction. The plaintiff claims to be the owner of the suit property, i.e., a land admeasuring 3 bighas and 17 biswas bearing No. 371 min., situated in the revenue estate of Village Nangloi Syed, Delhi by virtue of a registered sale deed dated 21/06/2010 (Ex. PW-1/2). The plaintiff claims to have raised a construction thereon and let out seven shops thereof to different tenants by way of registered rent agreements (Ex. PW-1/21 to PW-1/27). The defendant No.1 is stated to be a land-grabber and defendant Nos. 2 & 3 are stated to be Sub 2015:DHC:2897 Divisional Magistrate and Divisional Commissioner concerned, respectively.

2. The plaintiff’s case is that defendant No.1 coerced the plaintiff to sell the suit property, however, he refused to do so; that upon a complaint made by defendant No.1, the local police made a report under Section 145 of the Criminal Procedure Code, 1973 and the concerned Sub Divisional Magistrate got the suit property sealed. A revision petition preferred by the plaintiff apropos the said proceeding is stated to be pending before the learned Additional Sessions Judge, Tis Hazari Courts, Delhi.

3. The plaintiff claims that an attempt was made by the defendants to show that the suit property is an acquired land; the plaintiff submitted a certified copy of the Gazette Notification issued on 30.06.1996 under Section 6 of the Land Acquisition Act (Ex. PW- 1/8), a certified copy of award No. 2202 dated 12.06.1969 (Ex. PW-1/19) and a certified copy of the Gazette Notification issued under Section 22(1) of the Delhi Development Act, 1957 (Ex. PW- 1/20) to prove that the suit property was never acquired by the Government. It is also submitted that the said admitted position has gone un-rebutted.

4. It is further the case of the plaintiff that as per the letter dated 28.02.2008 written by the DDA to the SHO, Police Station, Paschim Vihar, New Delhi (Ex. PW-1/6) and another letter dated 11.08.2010 written by the DDA to the Deputy Commissioner of Police, West Zone, Rajouri Garden, New Delhi (Ex. PW-1/5), the suit property has not been acquired by the Government.

5. In essence, the plaintiff’s case is that he is the rightful owner of the suit property and defendant No.1, allegedly a land-grabber wants to grab the suit property in connivance with defendant Nos. 2 & 3.

6. The defendants have been proceeded ex parte vide order dated 08.08.2014. The defendants have filed the Written Statement (WS), however, no documents have been relied upon by them. Defendant No.1, in his WS has stated that he is in possession of the suit property and has claimed that the sale deed relied upon the plaintiff is false, forged and fabricated. The defendant Nos. 2 & 3, in their WS have averred to the effect that they were only discharging official duties. Through such bare statements only, without leading any evidence, to prove the substance of the averments the defendants have sought to controvert the averments in the plaint.

7. The learned senior counsel for the plaintiff submits that the defendants have neither led any evidence nor rebutted the plaintiff’s evidence. It is further submitted that the documents adduced by the plaintiff have not been rebutted either, therefore, they are deemed to be proved. Accordingly, a decree is sought in terms of the prayers in the suit.

8. The evidence of the plaintiff has not been rebutted. The defendants have merely made bald averments in the WS and have not proved the same, either by documents or any evidence. The case of the plaintiff, supported by documents and evidence has gone unrebutted. This Court sees no reason to disbelieve the case of the plaintiff. Therefore, this Court is of the view that the plaintiff has made out a case for the reliefs sought in the plaint. Accordingly, the suit is decreed in terms of prayers (a), (b) and (c) of the plaint.

9. Let the decree sheet be drawn up accordingly.

10. The suit and pending applications are disposed off in the above terms.

MARCH 25, 2015 NAJMI WAZIRI, J. vmk