Abhishek Singh v. Mohd. Naushad

1. The present suit has been instituted by the plaintiff seeking declaration of his title over the entire property bearing No. 836-837 (Old), 1230 (New), Ward No. X, Rakabganj, Near Delite Cinema, Delhi. The plaintiff has also sought possession from the defendant of one floor in his occupation in the suit property and claimed the consequential reliefs of injunction and mesne profits/damages.

2. The plaintiff pleads:

(I) that the plaintiff is the grandson of Smt. Pratibha Singh who acquired the suit property vide a registered Sale Deed dated 06.08.1965 executed in her favor by one Mr. J.C. Bhattacharya and 2014:DHC:1512 pursuant to which her name was duly entered in the records of Municipal Corporation of Delhi as well;

(II) that Smt. Pratibha Singh died on 08.01.2004 and left behind a

(III) that the plaintiff has been granted probate of the Will by this

(IV) that it subsequently came to the knowledge of the plaintiff that the legal heirs of the deceased Mr. J.C. Bhattacharya fraudulently executed a Sale Deed dated 11.06.2009/11.06.2010 with respect to the suit property in favor of one Ms. Shehnaz Begum despite having no title or interest therein by virtue of the sale effected of the suit property by their predecessor in interest Mr. J.C. Bhattacharya to the grandmother of the plaintiff Smt. Pratibha Singh as far back as in 1965;

(V) the plaintiff accordingly instituted a suit being CS(OS) 74/2012 against Ms. Shehnaz Begum and others for cancellation of the aforesaid Sale Deed dated 11.06.2009/11.06.2010 and in which this Court granted status quo with regard to title and possession of the suit property and also appointed a Local Commissioner to inspect the property;

(VI) that the Report of the Local Commissioner submitted in the aforesaid suit revealed unauthorized occupation of as many as 26 persons and their family members in the suit property and which included the present defendant as well; and,

(VII) that the plaintiff accordingly is filing separate suits for eviction of the aforesaid unauthorized occupants from the suit property and has already procured status quo orders in one such suit filed for eviction being CS(OS) 863/2012.

3. Summons in the suit were issued on 13.04.2012 and the defendant restrained from transferring, alienating or parting with possession of the suit property in his occupation till further orders. The defendant personally entered appearance on the next date and sought time for filing his written statement, but thereafter stopped appearing and did not file his written statement as well. Accordingly, this Court on 04.03.2013 closed the right of the defendant to file his written statement and directed the defendant to be proceeded ex-parte. The plaintiff thereafter tendered his ex-parte evidence and the matter has been listed for ex-parte hearing today.

4. The plaintiff has examined himself as the lone witness to prove his case. He has tendered in evidence the following documents:

(I) A site plan of the premises with the portion in occupation of the defendant marked in red, proved as Ex.PW1/7B;

(II) Certified Copy of Sale Deed dated 06.08.1965 with original plan in favor of deceased Ms. Pratibha Singh, proved as Ex.PW1/2;

(III) Copy of order dated 25.11.2008 of this Court in Test. Case NO. 10/2005 whereby probate of the Will dated 30.11.2001 of Mrs. Pratibha Singh was granted in favor of the plaintiff proved as Ex.PW1/5; however, no copy of the Will has been filed;

(IV) Copy of Order dated 10.01.2012 of this Court in CS(OS) NO. 74/2012 filed by the plaintiff against Mrs. Shehnaz Begum and others, whereby the defendants in that suit were directed to maintain status quo with regard to title and possession of the suit property and a Local Commissioner to inspect the property has been appointed proved as Ex.PW1/6;