Smt. Seema Thakur And Anr. vs Union Of India And Ors. on 29 February, 2016

Vibhor Baggar, Ms. Pavni Poddar and Sh. Shobhit
Bhatia, Advocates.
CORAM:
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MS. JUSTICE DEEPA SHARMA
MR. JUSTICE S. RAVINDRA BHAT
%
1. An unsuccessful plaintiff appeals the judgment of a learned Single
Judge by which her suit was dismissed, by invoking Order XII Rule 6 of the
Code of Civil Procedure (CPC) in a decree on admission.
2. The case urged in the suit was that the plaintiff had purchased the
property, 18/50, East Patel Nagar Market, New Delhi (hereafter “the suit
property”) through a registered Sale Deed dated 31.05.2004, from its
previous owner, Shri Pran Nath Vig. She alleged that the third defendant,
Gopi Chand, finalized the transaction and facilitated it. She claimed
declaration of her ownership of the suit property and also a decree for
possession, by evicting the third, fourth and sixth defendants. The
declarations claimed were that Agreement to Sell, General Power of
Attorney, Special Power of Attorney, Will, Receipts/Affidavits and all the
other documents in favour of the third Defendant on 31.05.2004 with respect

RFA (OS) 97/2015 Page 1
to the Suit property were a nullity and were to be cancelled. A similar
declaration was sought in regard to the Conveyance Deed dated 20.12.2004
executed by the first two defendants at the instance and in favour of the third
defendant in relation to the suit property, a decree that the conversion of suit
property into free hold by the said two defendants, was also illegal and void
and cancellation of the conversion documents, etc.

Source: Indian Kanoon

Leave a Reply

*