Free Judgments

Siri Bhagwan vs M/S V B M Estates Pvt Ltd & Anr on 11 September, 2015

1. Siri Bhagwan the appellant herein filed a suit being CS(OS)
No.2670/2014 before this Court, inter alia, seeking cancellation of the
registered sale deed dated November 13, 2006, declaring him as owner of
2/9th share in land bearing Khasra No.852 (4-16) situated in the revenue
estate of Village Rajokari, tehsil Vasant Vihar, New Delhi (in short the suit
property) and restraining the defendants from dispossessing him from his
undivided cultavatory possession of the suit property.
2. It was pleaded in the plaint by Siri Bhagwan that he was recorded co-
owner in actual cultivatory possession of the 2/9th share of the suit property
besides being the co-owner of other lands bearing khasra Nos.1117 (1-18),
1118(3-8), 1119(5-5), 1120(15-7) of Village Rajokari, Delhi. He produced

the fard khatoni paimaish of said Khata No.531 with respect to khasra
No.852 (4-16) of Village Rajokari i.e. the suit property and the site plan.
Siri Bhagwan stated that Pramod Aggarwal defendant No.2 in the suit
offered to purchase the suit property on November 13, 2006 for a sum of `
one crore and paid a sum of `30 lakhs as advance and the balance was to be
paid within 12 months. Pramod Agarwal took Siri Bhagwan to the office of
Sub-Registrar at Kapeshera, Delhi and tendered a cheque for a sum of `30
lakhs as earnest money and took thumb impression and signatures of Siri
Bhagwan on some typed papers which he could not understand being not
versed in English language. Pramod Aggarwal represented that the said
documents were deed of agreement to sell which were required to be
registered. Though 12 months elapsed but Pramod Agarwal neither paid the
balance amount nor turned up for execution and when Siri Bhagwan met
him he was told that Pramod Agarwal did not have the balance amount and
the same would be paid with 12% interest whenever the market recovered.
Not hearing anything from Pramod Agarwal, Siri Bhagwan continued to
enjoy his land as before November 13, 2006. In the first week of September
2013 Siri Bhagwan saw a notice regarding mutation of the suit property and
upon enquiry from the Halqa Patwari it was revealed that defendant No.1 i.e.
V.B.M. Estates Pvt.Ltd. (In short V.B.M. Estates) had applied for mutation
on the basis of a release deed dated November 13, 2006. Thus for the first
time in September 2013 Siri Bhagwan came to know about release deed
which was registered on November 13, 2006 wherein Pramod Agarwal was
shown as the authorised signatory of V.B.M.Estates. Siri Bhagwan appeared
before the Tehsildar on September 10, 2013 when he did not give his
consent to the mutation and got recorded his objection that he was in

possession of suit property and was yet to receive the sum. He further stated
that once the money transaction would be over, he would come to give his
statement. Since balance amount was not paid by the defendants and they
were trying to get the mutation recorded in the garb of the release deed
which was stated to be a deed of agreement for sale to Siri Bhagwan, he
filed the suit.

Source: Indian Kanoon