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Jaipal Singh Vs. Vijay Kumar

Jaipal Singh vs Vijay Kumar

Type Court Judgment Court Delhi Decided Jul 22, 1997
~3 min read
https://sooperkanoon.com/case/701795

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Citation
Court
Delhi High Court
Judge
Decided On
Case Number
Interim Application No. 4555 of 1997 and Suit No. 3074 of 1996
Subject
Property

Case Summary

AI-generated summary - not the official court judgment text.

The case involved an application filed under Order 23 Rule 3 of the Civil Procedure Code, 1908 - The plaintiff and the respondent in the said application claimed that the dispute arose between them on account of some misunderstanding, was resolved amicably -The defendants had admitted that the plaintiff was the owne...

Key legal issue
Property
Acts & sections
Code of Civil Procedure (CPC), 1908 - Order 23, Rule 3

Parties & Advocates

Appellant / Petitioner

Jaipal Singh

Advocate S.S. Khatri, Adv

Respondent

Vijay Kumar

Legal References

Acts
Code of Civil Procedure (CPC), 1908 - Order 23, Rule 3
Reported In
70(1997)DLT27

Excerpt

the case involved an application filed under order 23 rule 3 of the civil procedure code, 1908 - the plaintiff and the respondent in the said application claimed that the dispute arose between them on account of some misunderstanding, was resolved amicably -the defendants had admitted that the plaintiff was the owner of the property in dispute -the defendants also admitted that sale deed did not confer any right, title or interest in favor of the defendants and produced affidavit in support of the averments - thereforee, from the facts and circumstances of the case, it was held that there was no legal impediment in disposing of the suit in terms of the compromise - .....the suit was ordered to be issued to the defendants on december 17, 1996 for may 12, 1997. (2) on may 12,1997 plaintiff and the defendants filed i.a. no. 4555/97 under order xxiii, rule 3 read with section 151, cpc, inter alia, on the averments that the parties are close relations and due to some misunderstanding disputes arose between them which has now been resolved amicably. defendants admit that the plain tiff is the absolute owner and in possession of the suit property and they further give up their claim or interest if any,therein defendants also admit that both the sale deeds dated october 14, 1996 do not confer any right, title or interest in favor of the defendants and are null and void. in support of the averments made in the application affidavits of the plaintiff as also both the defendants have been filed. (3) in the sale-deeds dated october 14, 1996, defendant no. 2 has not disclosed how was she the owner of the suit property which she sold to her husband, defendant no. 1. after having considered the facts and circumstances of the case i feel that there is no legal impediment in disposing of the suit in terms of the compromise. list i.a. 4555/97 on xxxx for recording the compromises.

Full Judgment

K.S. Gupta, J.

(1) Jai Pal Singh-plaintiff has filed suit, inter alia, on the allegations that he is the owner and in possession of property consisting of. factory shed, two rooms, one kitchen, one toilet, one meter-room and the open courtyard comprised in Khasra No. 63, measuring 750 sq. yards situated within the Laldora Abadi of Village Holambi Khurd, Delhi. In the year 1982 Smt. Anita Kumari, defendant No. 2 was married to Vijay Kumar, defendant No. 1 - Since the inception of marriage defendant No. 1 had been pressurising defendant No. 2 to bring some money and articles from the plaintiff. Defendant No. 1 had an evil eye on the property of the plaintiff and in furtherance of his illegal designs he hatched a conspiracy in collusion with defendant No. 2 and made her to execute two sale deeds dated October 14, 1996 in respect of aforesaid property of the plaintiff. Defendant No. 2 is neither the owner nor in possession of the said property. She was even denied Laldora Certificate by the SDO/SDM(N) on November 15, 1996 in respect of the above property, It was prayed that a decree for declaration be passed in favor of the plaintiff and against the defendants declaring that the sale-deeds dated October 14, 1996 executed by defendant No. 2 in favor of defendant No. 1 with regard to the above said property is null and void, unenforceable and is not binding on the plaintiff. Decree for permanent injunction is further sought against the defendants from dispossessing the plaintiff from the aforementioned property and /or selling, assigning, alienating or transferring it in any manner whatsoever. Summons of the suit was ordered to be issued to the defendants on December 17, 1996 for May 12, 1997.

(2) On May 12,1997 plaintiff and the defendants filed I.A. No. 4555/97 under Order Xxiii, Rule 3 read with Section 151, Cpc, inter alia, on the averments that the parties are close relations and due to some misunderstanding disputes arose between them which has now been resolved amicably. Defendants admit that the plain tiff is the absolute owner and in possession of the suit property and they further give up their claim or interest if any,therein defendants also admit that both the sale deeds dated October 14, 1996 do not confer any right, title or interest in favor of the defendants and are null and void. In support of the averments made in the application affidavits of the plaintiff as also both the defendants have been filed.

(3) In the sale-deeds dated October 14, 1996, defendant No. 2 has not disclosed how was she the owner of the suit property which she sold to her husband, defendant No. 1. After having considered the facts and circumstances of the case I feel that there is no legal impediment in disposing of the suit in terms of the compromise. List I.A. 4555/97 on xxxx for recording the compromises.

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