Delhi High Court – Orders
Smt. Shallu Yadav vs Sh. Attar Singh Yadav & Ors on 19 February, 2026
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 344/2022 & I.A. 9225/2022
SMT. SHALLU YADAV .....Plaintiff
Through: Mr. Rajesh Kumar Thakur, Mr. Arun
Batta, Mr. Puneet Bhatnagar and Ms.
Richa S Bhatnagar, Advocates
versus
SH. ATTAR SINGH YADAV & ORS ......Defendants
Through: Mr. Amit Punj, Advocate for D-1, 3
and 4.
Ms. Manuj Aggarwal and Mr.
Khushank Singh Aloria, Advocates
for D-6
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 19.02.2026
1. The present Suit is one for declaration, partition and injunction with
respect to four properties i.e., (i) 117, Rajdhani Enclave, Pitampura, New
Delhi- 110034; (ii) 473, Lawrence Road, Rampura, Delhi-110035; (iii) WZ-
627, Sri Nagar, Shakur Basti, Delhi-110034; & (iv) WZ-156A, Village
Shakarpur, Delhi-110034.
2. The Plaintiff had filed two applications being I.A. 7212/2025 (under
Order VI Rule 17 of CPC) and I.A. 6842/2025 (under Order I Rule 10 of
CPC) seeking amendment of the Plaint and impleadment of Defendant No.7
– Sh. Lakshmi Narain Agarwal with respect to Property bearing No.117,
Rajdhani Enclave, Pitampura, New Delhi-110034. The said applications
CS(OS) 344/2022 Page 1 of 7
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were disposed of by this Court vide Order dated 15.07.2025. The Order
dated 15.07.2025 reads as under:
“I.A. 7212/2025 (filed by plaintiff u/O 6 R 17 CPC) and
I.A. 6842/2025 (filed by plaintiff u/O 1 R 10 CPC)
1. These are the applications filed by plaintiff seeking
impleadment of defendant no. 7 (Sh. Lakshmi Narain
Agarwal) with respect to property bearing No. 117,
Rajdhani Enclave, Pitampura, New Delhi-110034 (herein
after referred as „subject property‟).
2. Learned counsel for proposed defendant no. 7 states
that the title of the subject property at Pitampura was in
the name of late Mrs. Kamla Yadav. He states that
defendant No. 4 had instituted probate proceedings
before the District Court seeking Letters of
Administration of a Will dated 10.08.1999 executed by
late Mrs. Kamla Yadav. He states that the said Will was
registered on 09.04.2002.
3. He states that the District Court granted Letters of
Administration in favour of defendant no. 4 with respect
to the said Will dated 10.08.1999. He states that in terms
of the said Will, the suit property devolved exclusively
upon defendant no. 4.
4. He states that defendant no. 4 acting upon the Letters
of Administration approached Delhi Development
Authority („DDA‟), pursuant to which a Conveyance
Deed dated 17.01.2014 was executed by DDA in favour
of defendant no.4.
5. He states that in these facts, proposed defendant no. 7,
being a bona fide third-party purchaser, carried out due
diligence of the title documents, satisfied itself that
defendant no. 4 is a rightful owner and purchased the
subject property for valuable consideration onCS(OS) 344/2022 Page 2 of 7
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04.09.2008. He states that the possession of the subject
property was handed over to the proposed defendant no.
7.
6. He states that after purchase of the subject property,
proposed defendant no. 7 obtained a sanction from the
MCD, demolished the existing structure, and constructed
a four-storey super-structure at his own costs. He states
subsequently, on 09.09.2022, proposed defendant no. 7
executed a Sale Deed for the subject property entire
super-structure in favour of defendant No. 6 on
09.09.2022 for a valuable consideration.
7. He contends that the present application filed by the
plaintiff in the year 2025, seeking impleadment of
proposed defendant no. 7, is without any cause of action,
particularly when the suit property stood sold to the
proposed defendant no. 7 in 2018, i.e., more than four
years prior to the institution of the suit on 30.05.2022.
8. He states that perusal of the record shows that plaintiff
has filed an application under Section 263 of the Indian
Succession Act, 1925 seeking revocation of the Letters of
Administration before the District Court, however, the
said application has not been granted and is still pending
adjudication.
9. This Court has perused the original plaint dated
23.05.2022. At paragraph 32 of the plaint, the plaintiff
has asserted that she is in possession of the suit
properties which includes the subject property at
Pitampura. Paragraph 32 reads as under:
“32. That the total valuation of the suit properties
as per the circle rate come to Rupees
5,00,00,000/-(Rs. Five Crore only) the valuation
of the present suit for the purpose of jurisdiction
is assessed at Rupees 5,00,00,000/- (Rs. FiveCS(OS) 344/2022 Page 3 of 7
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Crore only) As the Plaintiff is in possession of the
suit properties hence the suit for partition for the
purpose of court fees is assessed as per Article 17
(vi), Section 17 (iv) (b) of the Court Fees Act i.e.,
Rupees 19.50 and said fixed court fees has been
paid. The value of the present suit for the purpose
of relief of rendition of accounts of rent and sale
proceeds is tentatively assessed as Rupees 500/
(Rs. Five Hundred/-) upon which the ad valorem
court fee has been paid. The value of the present
suit for the purpose of relief of injunction has
been assessed as Rs. 200/- upon which ad-
valorem court fees has been paid.”
(Emphasis supplied)
10. In view of the facts as narrated by proposed
defendant no. 7 that he had purchased the suit property
on 04.09.2018, demolished the old structure and
constructed a new four-storey structure, it is apparent
that the assertion made by the plaintiff in the plaint at
Paragraph 32 that she is in possession of the subject
property is false to her knowledge.
11. Learned counsel for the plaintiff had sought a pass-
over to take instructions from the plaintiff and he
reiterates on the second call that plaintiff was indeed in
joint possession of this subject property in 2022.
12. This Court has considered the submission of the
plaintiff and in view of the Letters of Administration
dated 02.09.2009, the Conveyance Deed dated
17.01.2014 the Sale Deed dated 04.09.2018 executed in
favour of proposed defendant no. 7 and the Sale Deed
dated 09.09.2022 executed in favour of defendant no. 6,
this Court finds that the plaintiff‟s assertions in the plaint
that she was in possession of the subject property as on
23.05.2022 are ex facie false to her knowledge.
CS(OS) 344/2022 Page 4 of 7
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13. The fact that the original structure stands demolished
and a fourstorey building constructed is not disputed by
the learned counsel for the plaintiff.
14. Learned counsel for the plaintiff makes an oral
submission that the plaintiff believed that the demolition
was being carried out by her father/ defendant no. 1. The
said submission, which has been made orally across the
Bar, appears to be patently false and appears to be a
submission made only to overcome the facts submitted by
proposed defendant no. 7.
15. This Court is satisfied that proposed defendant no. 7
is a bona fide purchaser for valuable consideration,
having acquired the suit property after carrying out due
diligence. The Letters of Administration dated 02.09.2009
and the Conveyance Deed dated 17.01.2014 issued by
DDA constitute a valid title and the proposed defendant
no. 7 having relied upon the said documents while
purchasing the suit property on 04.09.2018 has acted
bona fide.
16. Late Mrs. Kamla Yadav, the mother of the plaintiff
died on 22.04.2000 and the present suit for partition
asserting claims has been filed on 23.05.2022 (22 years
later). In the interregnum on the basis of the Letters of
Administration dated 02.09.2009 and Conveyance Deed
dated 17.01.2014, proposed defendant no. 7 has
purchased the property for valuable consideration on
04.09.2018. The letters of Administration operate in rem
and third-parties purchasing properties by relying upon
the said Letters of Administration are liable to be
protected and cannot be disturbed by the plaintiff in this
casual manner. The rights of third-party purchasers such
as proposed defendant no. 7 cannot be lightly interfered
by the plaintiff who elects to assert her rights for the first
time in 2022 after a substantial delay.
CS(OS) 344/2022 Page 5 of 7
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17. In these circumstances, this Court is of the considered
opinion the plaintiff has no cause of action against
proposed defendant no. 7.
18. It is clarified Plaintiff would, however, have rights
and claims against defendant no.4, in case she succeeds
in the application for revocation of Letters of
Administration before the District Court or in this suit.
19. The applications are accordingly dismissed.
CS(OS) 344/2022
20. In view of the observations made above, this Court
puts it to the plaintiff as to why perjury proceedings be
not initiated against her for making a patently false
statement at Paragraph no. 32 of the plaint with respect
to her possession of the subject property as on
23.05.2022. The averments made at paragraph nos. 26
and 27 of the original plaint alleging that there was
partial demolition and only a third floor was added in the
subject property is also falsified by the submission of
proposed defendant no. 7 that the entire super-structure
was demolished.
21. Learned counsel for plaintiff seeks two weeks‟ time to
file an affidavit along with documents substantiating
plaintiff‟s alleged plea that she was in possession of the
property as on 23.05.2022.
22. List on 13.11.2025.”
3. The affidavit has been filed by the Plaintiff. This Court has perused
the affidavit.
4. Mr. Karan Yadav, who is the son of the Plaintiff, has joined the
proceedings through video conferencing. He states that by the averment
CS(OS) 344/2022 Page 6 of 7
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made in the Plaint that the Plaintiff is in the possession of the Property
bearing No.117, Rajdhani Enclave, Pitampura, New Delhi-110034, the
Plaintiff actually means that she is in the constructive possession of the said
property as the Suit is one for partition. He tenders unconditional apology
for the same. The apology stands accepted.
5. The property bearing No.117, Rajdhani Enclave, Pitampura, New
Delhi-110034 is taken out of the Suit Properties for which partition is sought
in the present Suit and the Plaint is dismissed qua the said property.
6. Defendant No.6 and the proposed Defendant Nos.7 are deleted from
the array of parties.
7. Needless to state that in case the Will dated 10.08.1999 is revoked in
the proceedings pending before Court, liberty is granted to the Plaintiff to
file an application for amendment of the Plaint under Order VI Rule 17 of
CPC seeking impleadment of the property bearing No.117, Rajdhani
Enclave, Pitampura, New Delhi-110034 as one of the Suit Properties.
8. List before the Ld. Joint Registrar on 04.05.2026.
SUBRAMONIUM PRASAD, J
FEBRUARY 19, 2026
S. Zakir
CS(OS) 344/2022 Page 7 of 7
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 06/03/2026 at 20:34:36