Sunil Kohli & Ors v. Subhash Chand Dua & Ors

RAJIV SAHAI ENDLAW, J MAY 13, 2016

"gsr".. (corrected and released on 25th May, 2016).

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 13th May, 2016 + RFA 314/2016, CM No.18049/2016 (for exemption from filing complete trial court record), 18050/2016 & 18051/2016 (both for condonation of delay of 588 days in filing and 24 days in re-filing the appeal) SUNIL KOHLI & ORS ..... Appellants Through: Mr. Manoj Singh & Mr. Abhay Singh, Advs. Versus SUBHASH CHAND DUA & ORS ..... Respondents Through: None. CORAM:- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This first appeal under Section 96 of the Code of Civil Procedure (CPC), 1908 impugns the judgment and decree dated 23rd April, 2014 of the Court of Additional District Judge (ADJ)-02, (North-West), Rohini Courts, Delhi of dismissal of suit bearing CS No.890/2013 for the reliefs of declaration, recovery of possession of immovable property, permanent and mandatory injunction and recovery of mesne profits / damages for use and occupation consequent to rejection of the plaint under Order 7 Rule 11 of the CPC on the ground of the relief claimed being barred by time. 2. Having gone through the paper book and prima facie finding no merit in the appeal and being of the view that for scrutinizing the validity of the rejection of the plaint, only the plaint is required to be seen and copy of which is annexed to the memorandum of appeal and the trial court record is not required to be requisitioned, the counsel for the appellants / plaintiffs has been given full opportunity to argue. 3. It is the case of the appellants / plaintiffs in the plaint: (i) that their mother Smt. Pushpa Rani Kohli had entered into an agreement dated 22nd July, 1988 with one Sh. Ranjit Singh Rekhi for purchase of plot of land ad-measuring 175 sq. mtrs. bearing No.133, Block B-2, Paschim Vihar, New Delhi for a total sale consideration of Rs.4,00,000/- and was on 10th August, 1988, on payment of the entire purchase consideration, put into notional possession of the said plot of land and the said Sh. Ranjit Singh Rekhi executed Agreement to Sell, General Power of Attorney, Will, Affidavit etc. with respect to the said plot in favour of the mother of the appellant; (ii) that Sh. Ranjit Singh Rekhi was in the process of making some construction on the plot and as per the agreement, he only was to complete the said construction in about 15 days time and for this reason, only notional possession and not physical possession of the plot was given; (iii) that when the said Smt. Pushpa Rani Kohli visited the plot after 8 or 10 days, she found respondent no.1 Subhash Chand Dua in possession thereof and who claimed to have purchased the same from Narender Singh / Jaswant Singh vide documents executed in May, 1987; (iv) that Smt. Pushpa Rani Kohli immediately contacted Sh. Ranjit Singh Rekhi who denied having transferred the plot to Sh. Narender Singh / Jaswant Singh or having executed any documents in their favour; (v) that Smt. Pushpa Rani Kohli in the year 1993 learnt that the respondent / defendant no.1 Sh. Subhash Chand Dua in connivance with Sh. Narender Singh / Jaswant Singh aforesaid trespassed in possession of the plot and the construction thereon and had on the basis of forged and fabricated documents also got the conveyance deed of freehold rights in the said plot executed from the respondent/defendant no.4 Delhi Development Authority (DDA) in the name of his wife Smt. Usha Rani Dua; (vi) that on Smt. Pushpa Rani Kohli complaining to the police, Sh. Ranjit Singh Rekhi was called, who again denied having sold the property to anyone and confirmed that he had executed the documents aforesaid in favour of Smt. Pushpa Rani Kohli; (vii) that though Smt. Pushpa Rani Kohli on 31st March, 1994 applied to the respondent / defendant no.4 DDA for transferring the plot in her favour but respondent / defendant no.4 DDA did not comply therewith; (viii) Smt. Pushpa Rani Kohli filed a civil suit before the Civil Judge, Delhi for permanent and mandatory injunction impleading the respondent / defendant no.1 Sh. S