IN THE COURT OF DISTRICT & SESSION
JUDGE(S- W) AT DWARKA, NEW DELHI
C.S No….. 2022
IN THE MATTER OF:-
Yagdutt
…..Plaintiff
Versus
Sanjay Rana & Anr.
….Defendants
SUIT FOR DECLARATION & PERMANENT
INJUNCTION
MOST RESPECTFULLY SHOWETH:-
1. That the plaintiff is peace loving and law-abiding
citizen.
2. That the defendant no.1 is the brother of the
plaintiff and defendant no.2 is the wife of the
defendant no.1 and thus defendant no.2 is the
sister in-law (Bhabhi) of the plaintiff.
3. That the plaintiff are eight brother and sister out of
which five sister i.e. Smt. Sarbati, Smt. Nirmala,
Smt. Vedwati, Smt. Anita and Late Smt. Kamlesh
and brothers namely, Sh. Sanjay Rana, Sh.
Satyawan. That all the brother and sisters of the
plaintiff are married and enjoying in their families.
4. That Late Jai Lal was the recorded owner/bhumidhar
and in possession of the land comprising in
Kh.No.306/3 total measuring (0-8) situated in the
extended lal 'dora abadi Village Bijwasan, Delhi as
reflected in the Register Karwahai of Village
Bijwasan, New Delhi as well as other properties and
thus being the lawful owner Late Jai Lal has
exclusive right, title or interest in the land/property
comprising in Khasra no. 306/3 (0-8) situated in the
extended lal dora abadi of village Bijwasan, Delhi.
5. That in the month of October 2020 Late Jai Lal was
shocked to know that there is some dispute arisen
between the plaintiff and his brothers and which
comes to a litigation and the plaintiff has come to
know that the defendant no.2 claimed herself
exclusive owner of the property measuring 225 Sq.
Yards out of Khasra no. 306/3 situated in the
extended lal dora abadi of Village Bijwasan, Delhi.
Herein after called the suit property.
6. That Late Jai Lal has never sold the portion
measuring 225 Sq. Yards out of khasra no. 306/3 to
the defendant no.1 at any point of time and has not
received any sale consideration from the
defendants because the father of the plaintiff has
no intention to sell the property in question to the
defendants or to any other person at any point of
time.
7. That the son of the plaintiff namely Sh. Aman Rana
has disclosed the fact that the defendant no. 1 has
relied upon a alleged GPA bearing registration no.
1900 in Additional Book No. IV, Vol. No. 1537 on
Page no. 83-87, Dated 11-7-2011 purported to be
executed by Late Jai Lal in favour of the defendant
no.1. Photocopy of said GPA is Annexure herewith.
8. That Late Jai Lal has never executed the alleged
GPA in favour of defendant no.1 regarding to
execute any sale deed in favour of any person on
behalf of Late Jai Lal and even he has never
authorized defendant no.1 to sale the property of
the Late Jai Lal including suit property and the
alleged GPA dated 11-7-2011 is a result of fraud
and misrepresentation of facts.
9. That the plaintiff, defendant no. 1 and third brother
are in separate possession of some portion of the
properties of Late Jai Lal as per mutual settlement
and might be the defendants have got execute and
registered the alleged GPA dated 11-7-2011 on the
pretext to obtain the electricity and water
connection in his name because there were some
differences between the wives of the plaintiff,
defendant no. 1 & third brother and to keep peace
in the family the father allowed his all sons to reside
separately and to get electricity and water
connection in their name.
10.That, however a mutual settlement was arrived
between the all brothers of plaintiff in regard to
some properties of Late Jai Lal and a built-up house
adjacent to the said plot in question which is part of
old lal Dora Abadi of village Bijwasan, but even after
execution of the said family settlement the
defendant no. 1 has not obeyed the same and has
no respect toward the father of the plaintiff and also
the defendants misbehaved with the plaintiff and
Late Jai Lal in such an advance age.
11.That Late Jai Lal has come to know about that
defendant no.1 got registered alleged sale deed
bearing Registration no. 9044, in Additional Book
No.1, Vol. No.10185, on Page no. 31-39, dated 28-
10-2019 in favour of defendant no.2 being the
attorney of Late Jai Lal and the defendant no.1 has
sold the portion measuring 225 Sq. yards in total
sale consideration of Rs.20,00,000/-. Copy of the
sale deed is annexed herewith.
12.That it seems the defendant no. 1 got executed the
said sale deed in the name of defendant no.2 being
husband and wife without any knowledge of plaintiff
and Late Jai Lal.
13.That Late Jai Lal had filed a suit for
cancellation/declaration of sale deed null and void
during the pendency of the said case Sh. Jail lal was
expired and the counsel for Jai Lal withdraw the said
case with liberty to file afresh. The copy of plaint
and order are annexed herewith.
14. That plaintiff has filed a suit for partition and
permanent injunction bearing CS No.877 /2019
titled as "Yagdutt vs Sanjay Rana & Ors" in respect
of property bearing Khasra no. 306/3 and the same
was withdrawn by the plaintiff with liberty to file
afresh. The copy of suit bearing no. CS No.877
/2019 and order are annexed herewith.
15.That during the lifetime of Late Jai Lal he had
executed a registered WILL dated 11.12/06/2020 in
favour of the plaintiff with regard to suit property as
well as other properties. It is further submitted that
Late Jai Lal resided with the plaintiff herein till he
breath last and the plaintiff is in possession of the
land in question.
16.That it is pertinent to mention here that the sale
consideration as mentioned in the sale deed had
not received by the Late Sh. Jai Lal and the alleged
amount was also withdrawn by the defendants on
the pretext that the defendant no.1 has transferred
some amount in the account of Late Jai Lal and thus
he wants to withdraw the same and the Late Jai Lal
has believed on the words of his own son i.e.
defendant no.1 and he has signed some documents
as required by the defendant no.1 for the said
purpose.
17.That the sale deed dated 28-10-2019 is a sham
and bogus document which was got executed by
the defendants on the basis of GPA dated 11-07-
2011 which was also got obtained by the defendant
no.1 by playing fraud and misrepresentation of
facts upon Late Sh. Jai Lal as Late Sh. Jai Lal has no
intention to sell the property to the defendants.
18.That the sale deed 28-10-2019 is a sham
transaction as the Late Sh. Jai Lal has not received
any sale consideration from the defendants at any
point of time and thus the sale deed dated 28-10-
2019 is a result of fraud, misrepresentation of facts
as well as breach of trust which committed by the
defendants being the son and daughter in law.
19.That the Sale Deed in question is a fabricated, false
and forged Sale Deed which was got executed by
misrepresentation of fact. That in the alternative
the alleged Sale Deed in question is a forged and
fabricated document and the same has been got
executed by defendants due to their undue
influence and ulterior motive to grab the entire land
including the share of Late Sh. Jai Lal.
20.That the defendants had become so blind and
greedy to grab the share of the Late Sh. Jai Lal and
due to greed and dishonesty the defendants no.1
has got executed the GPA dated 11-7-2011, by
playing fraud and misrepresentation of facts and
also had got executed sham and bogus sale deed
dated 28-10-2019 only tried to deprive the plaintiff
from the property. That Late Sh. Jai Lal had no
intention at all to execute the Sale Deed dated 28-
10-2019 in favour of defendants because Late Sh.
Jai Lal has equal love and affection towards his all
children.
21.That without the connivance and conspiracy of the
defendants, the said sale deed dated 28-10-2019
could not have been executed and prepared in
favour of the defendants no.2. That further Late Sh.
Jai Lal being the old age person and has only source
sustenance and has no intention to execute GPA &
Sale Deed in favour of defendants which clearly
create doubt upon the execution of the GPA & Sale
Deed in question and thus the same is a result of
fraud and misrepresentation of facts.
22.That in view of the above mentioned facts and
submissions stated herein above, the plaintiff is
legally entitled for a decree of declaration of sale
deed dated 28-10-2019 as above stated and the
plaintiff has no other efficacious ·alternative remedy
except to approach this Hon'ble Court by filing the
present suit, as the defendants have cheated the
Late Sh. Jai Lal as well as plaintiff by playing fraud
upon the plaintiff.
23.That the cause of action firstly arose in favour of
the plaintiff and against the defendants in the year
2020 when the son of the plaintiff namely Sh. Aman
Rana has disclosed the fact that the defendant no.1
has relied upon a registered GPA dated 11-7-2011
purported to be executed by the Late Jai Lal in
favour of the defendant no.1. That the cause of
action further arose when-the plaintiff has come to
know that the defendant no.1 got registered a sale
deed dated 28-10-2019 in favour of the defendant
no.2 being the attorney of the plaintiff and the
defendant no.1 has sold the portion measuring 225
sq. yards. That the cause of action further arose on
various occasions when the plaintiff enquired from
the defendants about the sale deed. That the cause
of action is a continuous one and still subsisting in
favour of the plaintiff and against the defendants.
24.That the cause of action arose in favour of plaintiff
and against the defendants at South-West District,
Delhi and the property in suit is also situated within
the jurisdiction of the Hon'ble Court. Hence this
Hon'ble Court has jurisdiction.
25.That the value of the suit for the purpose of court
fees and jurisdiction for the relief of
declaration/cancellation of sale deeds is
Rs.20,00,000/-(Rupees Twenty Lakhs) which is the
consideration money of the alleged sale deed and
as the plaintiff was not an executant of the sale
deed in question and so the value of the suit for the
purpose of Court fee is Rs.200/- upon which a fixed
Court fee has been paid. That the value of suit for
the purpose of court fees and jurisdiction for the
relief of permanent, injunction is Rs.130/- upon
which a fix court fees has been paid.
26.That the suit has been filed within the period of
limitation.
Prayer:-
In view of the above facts and circumstances it
is, therefore, most respectfully and humbly prayed
that this Hon'ble Court may be pleased to:-
A. Pass a decree of declaration in favour of the
plaintiff and against the defendants thereby
declare the forged and fabricated General Power
of Attorney registered GPA bearing Registration
no. 1900 in Additional Book No. IV, Vol. No. 1537
on Page no. 83-87, dated 11-7-2011 and also
cancel the subsequent sale deed bearing
Registration no. 9044, in Additional Book No.1,
Vol. No.10185, on Page no. 31-39, dated 28-10-
2019 in favour of defendant no.2 also declare as
null and void and cancelled in regard to land
measuring 225 Sq. Yard comprising in
Kh.No.306/3 (0-8) situated in the extended lal
dora abadi of Village Bijwasan, Delhi and not
binding upon the plaintiff.
B. A decree of permanent injunction in favour of
plaintiff and against the defendants by restarting
the defendants, their associate, agents, servants
or attorney etc from creating transferring,
alienating, any kind of third party interest to land
comprising in Kh.No.306/3 (0-8) situated in the
extended lal Dora Abadi of Village Bijwasan,
Delhi.
C. Award the cost of the suit in favour of plaintiff
and against the defendants.
Pass any other further order(s), which this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the present case.
Prayed accordingly.
Delhi.
Plaintiff
Dated. Through
KARAMVEER
TOKAS
Counsel for
Plaintiff
Enrl. No.
D/2085/2011
Ch. No. 426, Lawyers Chamber
Block,
Dwarka Court, New Delhi-110075
Mob No. 9899100076
Email id-
ad.karamveer@gmail.com
