Abdul Salam & Ors v. Delhi Development Authority & Anr

RAJIV SAHAI ENDLAW, J MARCH 03, 2020 'ak'

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 3rd March, 2020 + CS(OS) 63/2020, IA No.2117/2020(u/O.XXXIX R.1&2 CPC) & IA No.2118/2020(u/S.53(B) 3 of DDA Act) ABDUL SALAM & ORS. ..... Plaintiffs Through: Mr. Shiv Upadhayay, Adv. versus DELHI DEVELOPMENT AUTHORITY & ANR. .... Defendants Through: Ms. Beenashaw N.Soni, ASC, DDA with Ms. Megha Saini & Mr. Akshay Sharma, Advs. for D-1 & 2. Mr. R.M.Sinha, Adv. for D-3. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. On 14th February, 2020, when the suit had first come up before this Court, the following order was passed: "1. The three plaintiffs namely (I) Abdul Salam, (II) Abdul Karim, and, (III) Mohd. Shafi, have sued (a) Delhi Development Authority, (b) Deputy Director (LAB - Residential) Delhi Development Authority, (c) Girish Mittal, (d) Bhardwaj Bhagyawan Estate Property Consultants, (e) Vijay Bhardwaj, and (f) Subhash Bhardwaj, for (i) recovery of possession of plot No.52, Sector-12A, Dwarka, New Delhi; (ii) mandatory injunction directing the defendants no. 1 and 2 DDA to execute Conveyance Deed of the aforesaid plot as per its rules and regulations; and, (iii) permanent injunction to restrain the defendants from dealing with the plot. 2. The plaintiffs, in the plaint have pleaded (i) that the names of father and mother of the plaintiffs, namely Noor Mohammad and Avadhi, were recommended for allotment of an alternate plot measuring 400 sq.yds. in South Zone on perpetual leasehold basis, vide letter dated 12th April, 1989; (ii) that the parents of the parties fulfilled all the terms and conditions of the said letter; (iii) that the defendant no.3 Girish Mittal is the duly appointed Attorney of the deceased parents of the plaintiffs and who colluded with defendants no. 4 to 6 who are in possession of the said property; (iv) that pursuant to the recommendations aforesaid, the parents of the plaintiffs were allotted the plot, for recovery of possession of which the present suit is filed, vide perpetual Lease Deed dated 12th May, 1994; (v) that the parents of the plaintiffs, at the time of allotment of the plot, were old and uneducated and unable to deal with the defendant DDA, and to fulfil all formalities, had appointed the defendant no.3 as their Attorney for the said purpose; (vi) that Avadhi, mother of the plaintiffs, died intestate on 24th September, 2001; Noor Mohammad, father of the plaintiffs also died on 17th January, 2008 leaving a Will dated 3rd January, 2008 bequeathing the property in favour of plaintiff no.1; (vii) that father of the plaintiffs, at the time of making of the Will, also handed over all original documents with respect to the said property to the plaintiff no.1 and also took the plaintiff no.1 to the suit property on 4th January, 2008; (viii) that the plaintiffs also are uneducated and understood the purport of the documents handed over by their father to plaintiff no.1 only after the demise of their father; (ix) that the plaintiffs, soon after the demise of their father on 17th January, 2008 lost all the said original documents and in which respect NCR No.973/2008 was lodged on 1st April, 2008 at PS Malviya Nagar and public notice got published on 16th April, 2008; (x) that though the parents of the plaintiffs had executed Power of Attorney dated 2nd June, 1994 in favour of defendant no.3 Girish Mittal but had on 27th April, 1994 and 22nd December, 1999 and in the year 2000 deposited all the dues of the subject plot; (xi) that the plaintiffs also found a photocopy of a notice dated 4th December, 2007 issued in the name of the deceased parents of the plaintiffs to demolish the illegal construction in the suit property; (xii) that the plaintiffs visited the suit property in March/April, 2008 and found a lock installed at the main gate and unknown persons measuring the property on account of some difference in the measurement in the records of the DDA; (xiii) that on 23rd March, 2014, the plaintiffs went to the suit property where they we