Praful Kumar Shahi vs Narain Dass on 8 April, 2026

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    Delhi District Court

    Praful Kumar Shahi vs Narain Dass on 8 April, 2026

                 IN THE COURT OF SH AKBAR SIDDIQUE,
                  DISTRICT JUDGE 04, NORTH DISTRICT
                      ROHINI COURTS : DELHI
    
    CS DJ/58044/2016                   CNR no. DLNT010003282013
    
    
    SHRI PRAFUL KUMAR SHAHI,
    S/O SHRI S.N. SHAHI
    R/O HOUSE NO. 268, GALI NO.6/5,
    B-BLOCK, MUKUNDPUR PART-I,
    BAZAR SITA RAM,
    DELHI-110006.
    
    
                                                                     ...........Plaintiff
                                            Versus
    
    
      1. SHRI. NARAIN DASS (SINCE DECEASED)
          THROUGH HIS LEGAL HEIR
          (I) SMT. YADO
          W/O LATE SHIR NARAIN DASS
          (II) MADAN MOHAN
          W/o Sh. Rambir Yadav
          (III) BHIM SEN
          S/O LATE SHRI NARAIN DASS
          (IV) DHARAM SINGH
          S/O LATE SHRI NARAIN DASS
          (V) KANWAR SEN
          S/O LATE SHRI NARAIN DASS
    
     CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 1/44
           ALL R/O HOUSE NO. 1362, GALI RAVI DASS,
          BAZAR SITA RAM,
          DELHI-110006.
      2. SHRI. B.D DHAWAN
          S/o Sh. L.R DHAWAN,
          R/o 228-229, POCKET NO. A-2,
          SECTOR-8, ROHINI, DELHI-110085.
      3. Sh. AJAY KUMAR
          S/o Sh. AVADH KISHORE,
          R/o L-2B/68, MOHAN GARDEN,
          UTTAM NAGAR, NEW DELHI-110059
      4. SHRI SHASHI KUMAR,
          S/O SHRI AVADH KISHORE
          R/o HOUSE NO. 23, SINGHALPUR VILLAGE,
          NEAR SHALIMAR BAGH,
          DELHI-110088.
                                                                    ........Defendants
    
       Date of Institution                             05.01.2013
    Date of Final Arguments                            16.03.2026
             Heard
    Date of Pronouncement of                           08.04.2026
            Judgment
    
    
                             JUDGMENT
    

    1. By way of this judgment, I shall decide the present suit filed by

    the Plaintiff seeking following reliefs: –

    SPONSORED

    a. Pass a decree of Specific Performance in favor of the
    Plaintiff and against the Defendant No. 1 directing him
    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 2/44
    to execute the sale documents of the suit property, in
    favor of the Plaintiff by completing all the formalities
    which are necessary for the transfer of the suit property
    i.e. DDA Janta Flat bearing No. 33-B, in Block BK-1,
    Shalimar Bagh, Delhi-110 088, correctly shown in the
    site plan attached with the plaint,
    b. Pass a decree of declaration declaring that the Plaintiff is
    the owner of suit property i.e. DDA Janta Flat bearing
    No BK-33B, Shalimar Bagh, Delhi -110 088, as shown
    in the site plan, and that the order of eviction dated
    12.04 2012, passed by the court of Shri Devendra
    Kumar Jangala, Ld. ARC, North-West District, Rohini,
    Delhi in Eviction Petition No. 260/2007, titled as ‘B.D.
    Dhawan vs. Ajay Kumar & Anr
    ‘ is non-est and
    possession of the suit property obtained from the
    plaintiff in execution thereof is also illegal and non-est
    in the eyes of law.

    c. Pass a decree of consequential relief of possession in
    favor of the Plaintiff against the Defendant No.2 in
    respect of the suit property i.e. DDA Janta Flat bearing
    No. BK-33B, Shalimar Bagh, Delhi-110 088, correctly
    shown in the site plan;

    d. Pass a decree for permanent injunction in favor of the
    Plaintiff and against the Defendant No.2, thereby
    restraining the Defendant No.2, his attorneys, agents,
    representatives, servants or anybody else claiming
    through them from selling, alienating or creating third
    party interest in the suit property in any manner
    whatsoever,

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    e. Any such further order(s) or relief(s), which this Hon’ble
    Court may deem fit and proper may also be passed in
    favor of the plaintiff and against the defendants, in the
    interest of justice;

    2. CASE OF THE PLAINTIFF AS PER PLAINT

    2.1. It averred by Plaintiff in the Plaint that one DDA Janta Flat
    bearing No. 33-B, in Block BK-1, Shalimar Bagh, Delhi –
    110088, correctly shown in the site plan attached with the
    plaint (hereinafter referred to as ‘The Suit Property’), was
    originally allotted to Defendant No. 1, Shri. Narain Dass son of
    Shri Tara Chand, vide allotment letter dated 28.08.1980. The
    Defendant No.1 approached the Plaintiff for sale of the said
    flat immediately after its allotment for a sum of ₹ 12,000/-
    (Rupees twelve thousand only) and demanded the same in
    lumpsum in cash.

    2.2. It averred by Plaintiff in the plaint that the Plaintiff agreed to
    purchase the suit property from Defendant No.1, Shri Narain
    Dass under an ‘Oral Agreement’. The Plaintiff paid ₹ 12,000/-
    to Defendant No.1 and the Plaintiff had agreed to pay
    installments of the suit property to DDA. Since the
    installments covering the costs of the flat were to be paid on
    monthly basis, the subsequent installments were paid by the
    Plaintiff. The challans of remittance of money to the Delhi
    Development Authority through bank are produced by the
    plaintiff. The execution of the documents of sale was
    postponed to a future date, as the necessary formalities with
    the DDA and Shri Narain Dass were not complete. The
    Plaintiff was handed over possession of the flat/Suit Property
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    by the Defendant No.1 after obtaining its possession from
    DDA
    2.3. It averred by Plaintiff in the Plaint that since the Lease Deed
    from Delhi Development Authority in favor of Defendant No.1
    was not executed, it was agreed between the Plaintiff and
    Defendant No. 1 that the documents of transfer of rights of
    ownership in the flat would be executed after payment of all
    the installments to Delhi Development Authority and after
    execution of Lease Deed in favor of defendant No.1.
    2.4. It averred by Plaintiff in the Plaint that the Plaintiff after
    purchase of the flat from Defendant No.1 in 1980 started
    residing as well as carrying on Union activities of the Delhi
    General Mazdoor Front of which the Plaintiff was General
    Secretary and was continuously carrying on its activities from
    the Suit Property ever since 1983. The correspondences from
    various persons, organizations as well as Government agencies
    and the Courts of law including the Labor Courts in Delhi
    received by the Plaintiff at the Suit Property are produced on
    record to show that the Plaintiff had been in continuous
    possession of the suit property. In 1984, 1987 and 1993, the
    Plaintiff is recorded as voter from the suit premises. In 1984,
    after his marriage, the Plaintiff brought his wife in the suit
    premises. The birth of two sons of the Plaintiff is registered at
    the suit premises. There are sufficient documentary evidences
    to show and prove the possession of the Plaintiff over the suit
    premises.

    2.5. It averred by Plaintiff in the Plaint that Shri Ajay Kumar,
    Defendant No.3, who happens to be the brother-in-law of the
    plaintiff (brother of the wife of the plaintiff) came to Delhi
    sometime at the end of 1986 or beginning of 1987 and he was

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    allowed by the Plaintiff to reside in the Suit Property till the
    time he gets some employment and arrange his own
    accommodation. While residing in the suit property, Shri Ajay
    Kumar’s name was entered into the electoral roll by the
    enumerator as he was putting up with the Plaintiff as his family
    members, for the electoral rights in 1987.

    2.6. It averred by Plaintiff in the Plaint that the Plaintiff continued
    residing in the Suit Property as its owner as the Defendant
    No.1 had not got Lease Deed executed in his name from the
    Delhi Development Authority and the instalments to the Delhi
    Development Authority were paid by the Plaintiff as per ‘Oral
    Agreement’ with the Defendant No.1. Since Defendant No.1
    was a person of confidence of the Plaintiff, the Plaintiff never
    thought it necessary to get the agreement reduced into writing
    or to take the receipt(s) of the payments in writing.
    2.7. It averred by Plaintiff in the Plaint that the defendant No.3 Shri
    Ajay Kumar has never been a tenant in the suit property either
    under Defendant No. 1 or under Defendant No.2 or any other
    person claiming under Defendant No.1.

    2.8. It averred by Plaintiff in the Plaint that the Defendant No.2
    filed a false eviction petition against the Defendant Nos. 3 and
    4, inter alia alleging therein that Defendant No.3 was tenant in
    the suit property under him and further that the Defendant
    No.3 had sublet, assigned or parted with the possession of the
    suit property to Defendant No.4. A copy of the eviction petition
    containing averments of Defendant No.2 is placed on record. It
    is submitted that the copy of the eviction petition in the closed
    envelope address to Defendant No.3 was received by the
    plaintiff’s family member.

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    2.9. It averred by Plaintiff in the Plaint that the Defendant No.3 and
    Defendant No.4 are real brother-in-law (brothers of the wife of
    the plaintiff) and they maintain their separate household in
    Delhi residing at the different places. The Defendant No.3, at
    the time of filing eviction petition was residing at L-2B,
    Mohan Garden, Uttam Nagar, New Delhi. The Defendant No.
    3 had never been a tenant in the Suit Property and Defendant
    No.4 had never been a sub-tenant in the suit property under
    Defendant No.2. Plaintiff asked his brother-in-law Ajay Kumar
    that summons from the Court of Additional Rent Controller
    had come in his name. Shashi Kumar was residing separately
    at Singhalpur village. He was also told.

    2.10. It averred by Plaintiff in the Plaint that Defendant Nos. 3 and 4
    appeared in the eviction petition and refuted the allegations of
    the Defendant No.2 by filing their written statement,
    mentioning inter alia therein that the Defendant No.3 has never
    been a tenant and Defendant No.4 is not a sub-tenant.
    2.11. It averred by Plaintiff in the Plaint that the Defendant No. 1
    produced false and fabricated receipts showing in the name of
    Defendant No. 3 as his tenant and on the basis of those forged
    and fabricated documents obtained an eviction order dated
    12.04.2012 against the Defendant Nos 3 and 4. The eviction
    order obtained by defendant No.2 by fraud and
    misrepresentation on the basis of forged documents is no
    order/decree in the eyes of law.

    2.12. It averred by Plaintiff in the Plaint that the Ld. ARC passed an
    eviction order in the petition in absence of the Plaintiff as the
    Plaintiff was not a party to the eviction proceedings filed by
    the Defendant No.2 and the impleadment application under
    Order I Rule 10 CPC filed by the Plaintiff was not allowed by

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    the Ld. ARC on the grounds contained in Order dated
    23.04.2009.

    2.13. It averred by Plaintiff in the Plaint that the Plaintiff filed
    objections to the execution of the eviction order, but the same
    was summarily dismissed by the Ld. ARC which fact led to
    filing an appeal bearing No. 47/2012 filed by plaintiff before
    the Court of Ld. Addl. Rent Control Tribunal which was
    allowed by the Ld. ARCT vide order dated 06.06.2012.
    2.14. It averred by Plaintiff in the Plaint that since the Ld. ARCT did
    not grant stay order till the objections are finally disposed of
    by the Ld. ARCT, the Plaintiff preferred a Civil Misc. (Main)
    before the Hon’ble High Court of Delhi against that part of the
    order declining the stay and the Plaintiff’s Civil Misc. (Main)
    petition was not entertained by the Hon’ble High Court and the
    same was dismissed in limini.

    2.15. It averred by Plaintiff in the Plaint that during the pendency of
    the objections petition of the Plaintiff, the Plaintiff was
    dispossessed in execution of the eviction order through
    warrants of possession, however the Court of Ld. ARC
    directed the Court bailiff to submit the key of the Suit Property
    to the Court.

    2.16. It averred by Plaintiff in the Plaint that later on the key of the
    Suit Property was handed over to the Defendant No.2 by the
    Court of Ld. ARC without passing any speaking order on the
    application for stay filed by the Plaintiff along with his
    objections petition and since then the Defendant No.2 is
    retaining the possession of the suit property.
    2.17. It averred by Plaintiff in the Plaint that the Plaintiff had
    purchased the Suit Property from its original allottee against a
    valid consideration and on Oral terms which were agreed to

    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 8/44
    between the Plaintiff and the Defendant No.1, Shri Narain
    Dass. The documents of transfer could not be executed at that
    time since the DDA has not executed the documents in favor of
    Defendant No.1 till that point of time. The Plaintiff was in
    continuous possession of the Suit Property till 04.07.2012
    when he was dispossessed from the Suit Property. The
    Defendant No.2 has never been in possession of the suit
    property. The Defendant No.3 was never inducted as a tenant
    in the suit property by Defendant No.1 and Defendant No.2
    was never in a position to sublet the same to Defendant No.3.
    The averments in the eviction petition and the documents of
    landlord and tenant relationship between the Defendant No.1
    and Defendant No.2, particularly the rent receipts were false,
    frivolous, fabricated and forged. The order of eviction in
    respect of the Suit Property was obtained by the Defendant
    No.2 against the Defendant Nos. 3 and 4 by fraud,
    misrepresentation and by concealment of fact. The
    dispossession of the Plaintiff from the Suit Property on the
    basis of an eviction order obtained by fraud and fabrication,
    misrepresentation and concealment is not sustainable in the
    eyes of law and the same is liable to be declared as non-est.
    2.18. It averred by Plaintiff in the Plaint that the Order of Ld. ARC
    being the court of limited jurisdiction cannot entertain the plea
    of title and cannot decide the question of title and possession.
    The objection to the execution of eviction order was filed when
    the Plaintiff was in possession. However, the legal and judicial
    opinion is that the remedy of the Plaintiff is to file civil suit.
    2.19. It averred by Plaintiff in the Plaint that in the meanwhile, the
    Plaintiff under a legal advice filed a Civil Suit being Suit No.
    193/2012, in the Court of Shri M.K. Gupta, Ld. ADJ, North-

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    West District, Rohini, Delhi, seeking relief of Permanent
    Injunction. Temporary Injunction and Declaration in the month
    of May 2012, however, that suit is bound to fail due to
    technical default. The possession of the Suit Property was with
    the Plaintiff and subsequently the Plaintiff was dispossessed on
    04.07.2012, in execution of an order obtained by the Defendant
    No.2 on fraud and misrepresentation and suit for declaration
    without seeking relief of possession is not maintainable. The
    Plaintiff intends to withdraw that suit for the reason that the
    suit suffers from technical defect and also the possession has
    not been claimed therein as the Plaintiff was dispossessed
    subsequent to the filing of that suit.

    2.20. It averred by Plaintiff in the Plaint that that the Plaintiff is
    entitled to seek a declaratory relief to the effect that order of
    eviction dated 12.04.2012, in Eviction Petition No. 260/2007
    passed by the court of Shri Devender Kumar Jangala, Ld.
    ARC, North-West District, Rohini, Delhi is non-est having
    been obtained by Defendant No.2 by fraud, misrepresentation
    and concealment of facts on the basis of forged, fabricated
    documents. The Plaintiff is also entitled to consequential relief
    of possession.

    2.21. It averred by Plaintiff in the Plaint that the plaintiff apprehends
    that the Defendant No.2 may sell, transfer and/or create third
    party interest in respect of the Suit Property in order to defeat
    the lawful rights of the Plaintiff and to thrust multiple
    litigations on the Plaintiff. The Defendant No. 2 is liable to be
    restrained from selling. alienating, mortgaging or creating third
    party interest in the suit property in any manner whatsoever.
    The Plaintiff is, therefore, seeking permanent injunction
    against the Defendant No.2.

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    3. CASE OF DEFENDANT NO 1 AS PER HIS WRITTEN
    STATEMENT

    3.1. It is the case of answering Defendant that the suit filed by the
    Plaintiff is neither maintainable nor tenable in the eyes of law
    as the same is based on cooked up story.

    3.2. It is the case of answering Defendant that the present suit of
    the Plaintiff is not maintainable and is liable to be dismissed on
    the ground that no cause of action and hence the same liable to
    be dismissed under order 7 rule 11 C.P.C.

    3.3. It is the case of answering Defendant that the present suit is
    prima facie time barred and hence the same liable to be
    dismissed.

    3.4. It is the case of answering Defendant that the present suit merit
    rejection as the same has not been properly valued for the
    purposes of court fee & requisite court fee thereon has not
    been paid.

    3.5. It is the case of answering Defendant that the present suit of
    the Plaintiff is not maintainable and is liable to be dismissed
    because the Hon’ble court has no entertain the present suit.
    territorial Jurisdiction to entertain the present suit.
    3.6. It is the case of answering Defendant that the suit is not only
    fabricated but the same is gross abuse and misuse of the
    process of law. That the Plaintiff has no right, title, interest in
    the suit property.

    3.7. It is the case of answering Defendant that the Plaintiff is trying
    to misuse the process of law, ulterior motives and malafide
    intention just in order to harass the Answering Defendant
    which is totally illegal and unlawful.

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    3.8. It is the case of answering Defendant that the present suit of
    the Plaintiff is not maintainable and is liable to be dismissed
    for the reason that the sole purpose of filing the present suit
    before the Hon’ble court is to extract undue money from the
    LRs of Defendant no.1 who has been suffering in the hands of
    the Plaintiff since long.

    3.9. It is the case of answering Defendant that the conduct of the
    Plaintiff disentitles her from claiming any relief from the
    Hon’ble court as the Plaintiff has not come with clean hands
    and suppressed material facts from this Hon’ble court.
    3.10. It is the case of answering Defendant that one Janta flat
    bearing no. 33-B, IN Block-BK-1, Shalimar Bagh,
    Delhi-110088, was allotted to our father i.e. Defendant no.1.
    The property in question was sold by Late. Sh. Narain Dass to
    Sh. Nawal Kishore and all the relevant documents had handed
    over to sh. Nawal Kishore by the Defendant no.1.
    3.11. It is the case of Answering Defendants that Original
    Defendant, Narain Das expired on 24.11.2012.
    3.12. The Answering Defendant denied that Defendant no.1
    approached the Plaintiff for sale of said flat immediately after
    its allotment for a sum of Rs. 12,000/- and demanded the same
    in lumsum in cash.

    4. CASE OF DEFENDANT NO 2 AS WRITTEN HIS WRITTEN
    STATEMENT

    4.1. It is the case of answering Defendant that the Defendant No.2
    had instituted an Eviction Petition bearing No. E-260/2007
    Under Section 14(1)(a), (b), (d) & (h) of Delhi Rent Control
    Act
    against the Defendants No.3 & 4, who are the real brother-
    in-Law of Plaintiff. In reply to the petition filed by the

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    Defendant No.2 against Defendants No.3 & 4 the Defendants
    No.3 & 4 had filed separate written statements along with an
    Application Under Order VII Rule 11 read with Section 151
    C.P.C and also filed another application Under Order 1 Rule 10
    read with Section 151 C.P.C in which they had alleged that the
    Plaintiff is the owner of suit premises and they were never
    tenant/ sub tenant. Both the Defendants No.3 & 4 had
    withdrawn the applications filed by them.

    4.2. It is the case of answering Defendant that that is important to
    note that the Plaintiff herein also filed an application Under
    Order 1 Rule 10 of Civil Procedure Code on 16.10.2008 on
    similar lines alleging himself as owner of the property and
    filed number of documents before the then Addl. Rent
    Controller, Shri Manish Gupta, Rohini Courts, Delhi.
    4.3. It is the case of answering Defendant that Defendant No.2
    submitted his reply and produced the documents and explained
    that the property came in the hands of Petitioner from Shri
    Narain Dass through two more purchasers of the property viz.
    Shri Nawal Kishore and Ms. Dimple.

    4.4. It is the case of answering Defendant that the property in
    question was sold by Shri Narain Dass to Shri Nawal Kishore
    and subsequently from Shri Nawal Kishore to Ms. Dimple who
    is the daughter of Defendant No.2. The Defendant No.2 further
    produced the documents executed by Delhi Development
    Authority consisting of Allotment Letter dated 28.8.1980 and
    with regard to the electricity connection, water connection,
    possession letter, certificate of registration and further the
    documents executed by Shri Narain Dass in favour of Shri
    Nawal Kishore and in terms of the sale by way of Agreement
    to Sell, receipt, Will and G.PA including all other documents

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    and Shri Narain Dass had handed over all the original
    documents of Delhi Development Authority to Shri Nawal
    Kishore. Shri Nawal Kishore had further sold the property by
    way of Agreement to Sell, Receipt, Will, G.P.A, Possession
    letter, etc. to Ms. Dimple and it is further sold by Ms. Dimple
    (daughter of Defendant No.2) to Defendant No.2 and all the
    originals mentioned above delivered to Defendant No. 2.
    4.5. It is the case of answering Defendant that the Plaintiff herein
    had alleged that there is no title document in his favour and
    that there was Oral Sale of the property in question. On the
    basis of these documents, the Hon’ble Judge, Shri Manish
    Gupta, the then A.R.C. Rohini, Delhi had dismissed the said
    application vide Order dated 23.4.2009 on the principal of law
    that immoveable property having value more than Rs. 100/-
    cannot be transferred on the basis of Oral Sale.
    4.6. It is the case of answering Defendant that the Plaintiff herein
    had filed appeal against the said Order dated 23.04.2009 and
    Hon’ble Ms. Bimla Maken, the then Judge, R.C.T. Delhi had
    dismissed the appeal by passing speaking Order dated
    06.11.2009 observing that the Plaintiff herein had failed to
    produce any document of title executed by Shri Narain Dass in
    his favour and disbelieve the Plaintiff with regard to the oral
    sale of property in favour of Plaintiff by Shri Narain Dass.
    4.7. It is the case of answering Defendant that thereafter the
    Plaintiff herein had filed review petition which was dismissed
    by the Hon’ble Shri S.K. Sarvaria, District Judge, Rohini, Delhi
    vide Order dated 4.8.2011.

    4.8. It is the case of answering Defendant that the Plaintiff herein
    had further filed the C.M (Main) bearing No. 1358/2011 before
    the Hon’ble High Court of Delhi and after number of dates and

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    arguments, the Hon’ble High Court of Delhi, without issuing
    any notice to Defendant No.2, had not admitted the petition
    and subsequently the Plaintiff had withdrawn the said petition
    before the Hon’ble High Court of Delhi.

    4.9. It is the case of answering Defendant that the Plaintiff herein
    also appeared before the Hon’ble Trial Court in Eviction
    Proceedings as witness of Defendants No.3 & 4. That the
    Defendants No.3 & 4 and Plaintiff herein had produced all the
    witnesses to prove that the Defendant No.2 is not the owner of
    property and Plaintiff is the owner of property which they
    failed to do so and the issue was decided in favor of the
    Defendant No.2 categorically. The Defendant No.2 herein is
    able to prove that the Defendant No.2 is the owner of property
    in question.

    4.10. It is the case of answering Defendant that the Hon’ble Court of
    Shri D.K. Jangala, the then A.R.C. Rohini Courts, Delhi in the
    above Eviction proceedings passed the eviction Order Under
    the provisions of Delhi Rent Control Act vide Order dated
    11.4.2012.

    4.11. It is the case of answering Defendant that the Plaintiff herein
    had filed the objections in the execution petition vide No.24/12
    filed by the Defendant No.2 in the Court of Shri D.K. Jangala,
    the then A.R.C. Rohini Courts, Delhi.

    4.12. It is the case of answering Defendant that the Defendants No.3
    & 4 had filed the objections of the execution petition. All the
    objections are argued and the Court of Shri D.K. Jangala, the
    then A.R.C. Rohini Courts, Delhi had dismissed the objections
    filed by Plaintiff and the Defendants no. 3& 4 vide Order dated
    25.5.2012.

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    4.13. It is the case of answering Defendant that Defendant No.3 had
    also filed appeal against the main order which was dismissed
    on merits by the Court of Shri S.K. Sarvaria, RCT/ District
    Judge, Delhi.

    4.14. It is the case of answering Defendant that the Plaintiff herein
    had filed appeal against the dismissal of objections. The
    Hon’ble Court of Shri S.K. Sarvaria had partly allowed the
    appeal of Plaintiff and given change to prove his averment
    before the Hon’ble Trial Court vide Order dated 6.6.2012 and
    the said objection later on was withdrawn by the Plaintiff
    herein on 11.1.2013. It is right place to mention that the
    Plaintiff herein had also filed further C.M (Main) against the
    Order of Shri S.K. Sarvaria, RCT/ District Judge, Delhi and
    same was dismissed by Justice M.L Mehta, Delhi High Court
    vide Order dated 02.07.2012.

    4.15. It is the case of answering Defendant that the Plaintiff herein
    had filed Civil Suit bearing No.193/2012 earlier deliberately
    and Plaintiff had not placed the plaint of the said suit before
    the Hon’ble Court in which the Plaintiff had admitted the
    specific fact that he had lodged complaint dated 29.9.1992
    with the Police Station Shalimar Bagh and sent the copies to
    the authorities and the said document is not placed deliberately
    by the Plaintiff. The above said fact is not mentioned in the
    plaint for the reasons best known to him. The said document is
    filed by the Plaintiff in his earlier suit which was dismissed as
    withdrawn on 05.01.2013. It is right place to mention here that
    one Constable Shri Ramesh Kumar was got examined and the
    cross examination in the eviction proceedings mentioned
    above on the same lines on the basis of said complaint dated
    23.09.1992.

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    4.16. It is the case of answering Defendant that the Plaintiff with the
    connivance of Defendants No.3 & 4 and with illegal desire and
    by ulterior motive are harassing the Defendant No.2 without
    any cause and reasons. Numbers of litigations are already
    carried out by these 3 persons as mentioned above.

    5. CASE OF DEFENDANT NO 3 AS PER HIS WRITTEN
    STATEMENT

    5.1. It is the case of answering Defendant that the Plaintiff without
    any rhyme or reason made the party to the answering
    Defendant in the present suit no claim or relief claimed against
    the answering Defendant. The answering Defendant has no
    concern with the suit property. It is the Defendant No.2 who
    filed the Eviction Petition against the Answering Defendant
    before the Ld. Rent controller, Rohini Courts, Delhi with a
    malafide intention to evict the Plaintiff by misusing the Delhi
    Rent Control Act
    . The Answering Defendant never resided in
    the suit premises in capacity of a tenant either under the
    Plaintiff or the Defendant no.2.

    5.2. It is the case of answering Defendant that the Answering
    Defendant is brother of Plaintiff’s wife and he had come to
    Delhi in 1986 and resided with the Plaintiff as a guest of
    Plaintiff. It is submitted Answering Defendant left the suit
    premises immediately after his marriage in the year 1994.
    Thereafter, he resided along with his wife in Singalpur
    Extension, Shalimar Bagh and later on in Sagarpur, Delhi as a
    tenant up to the year 2003 of purchasing his own property at
    Mohan Garden, Uttam Nagar, Delhi.

    5.3. It is the case of answering Defendant that the notice of
    Eviction Petition was served to the Answering Defendant at his

    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 17/44
    address at Mohan Garden, Uttam Nagar, Delhi. It is submitted
    that prior to filing the eviction petition no notice was served as
    the Answering Defendant. It is submitted that on 10.10.2006.
    date on which notice was alleged issued by the Defendant no.2,
    the was Answering Defendant residing in his own house at
    Mohan Garden, Uttam Nagar, Delhi. That legal notice was not
    served on the Answering Defendant.

    6. REPLICATION TO WRITTEN STATEMENT OF
    DEFENDANTS

    The Plaintiff filed the replication to the written statement of
    Defendant no. 1-4, denying the averments and claims of the
    Defendant no 2.

    7. ISSUES IN THE PRESENT LIS

    7.1. After completion of pleadings, vide order dated 13.08.2015
    following issues have been settled for trial:

    1. Whether the plaintiff is entitled for a decree of specific
    performance against Defendant no.1/LRs of Defendant
    no.1 by directing them to execute the sale documents of
    the Suit Property i.e. DDA Janat Flat bearing No. 33-B,
    Block-BK-1, Shalimar Bagh, Delhi in favor of Plaintiff?
    OPP.

    2. Whether the Plaintiff is entitled for a decree of declaration
    directing the Plaintiff as owner of the Suit Property i.e.
    DDA Janta Flat bearing no. 33-B, Block-BK-1, Shalimar
    Bagh, Delhi? OPP

    3. Whether the Plaintiff is entitled for a decree of possession
    against Defendant no.2 of the Suit Property DDA Janta
    Flat bearing no. 33-B, Block-BK-1, Shalimar Bagh,
    Delhi? OPP

    4. Whether Plaintiff is entitled for a decree of permanent
    injunction against Defendant no.2 of the Suit Property i.e.
    DDA Janta Flat bearing no. 33-B, Block-BK-1, Shalimar
    Bagh, Delhi ? OPP

    5. Whether the suit of Plaintiff is maintainable in the present
    form and the same is without any cause of action? OPD
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    6. Whether the suit of the Plaintiff is barred by law of
    limitation? OPD

    7. Whether the suit of the Plaintiff is bad for non-joinder or
    mis-joinder of necessary parties? OPD

    8. PLAINTIFF’S EVIDENCE

    8.1. In order to discharge the onus of proof and establish her case,
    the plaintiff entered into the witness box and examined herself
    as PW1. PW1 tendered her evidence by way of affidavit
    exhibited as Ex. PW1/A. Relied upon the following documents
    in support of her case:

    i. Original Birth Certificate of Sh. Sanjog Kumar, ExPW1/1.
    ii. Original Letter dated 29.12.1993 received from DDA,
    ExPW1/2.

    iii. Communication Letters received from Labor Department in
    the name of Delhi General Mazdoor Front, ExPW1/3.
    iv. Communication Letter dated 28.09.1986, 24.01.1991,
    24.04.1991, 29.04.1992, 13.06.1997, 18.06.1997, 14.08.1998,
    24.09.1999, 14.03.2002, 20.03.2002 & 03.07.2004,
    ExPW1/4(Colly).

    v. Original Electricity Bill of June 1992, ExPW1/5.
    vi. Original Bank Challan Receipts, payment acknowledgement
    receipts and letter submitted before DDA, ExPW1/6.
    vii. Ex. PW1/7 (Colly.) are the original letters dated 16.05.1985,
    19.08.1985 and 24.04.1986 sent to General Secretary, Delhi
    General Mazdoor Front.

    viii. Ex. PW1/8 (page no. 255 to 263) (Colly.) are the list of
    Electoral Roll.

    ix. Ex. PW1/9 (page no. 267 to 271) (Colly.) are the certified
    copies of eviction petition containing averments of defendant
    no. 2.

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    x. Ex. PW1/11 is the certified copy of the Eviction Order dated
    11.04.2012 passed in Eviction Petition NO. 260/2007.
    xi. Ex. PW1/12 (Colly.) is the certified copy of Memorandum of
    Appeal.

    xii. Ex. PW1/13, Certified Copy of the Order dated 11.01.2013
    8.2. Plaintiff was not cross-examined as defendants have already
    been proceeded Ex-Parte and defendants did not lead any
    evidence to rebut the claim of the Plaintiff.

    9. FINAL ARGUMENTS

    9.1. It is argued by the Ld. Counsel for the Plaintiff that the
    Plaintiff is the owner of the Suit Property and in support of his
    contentions, the Plaintiff has brought on record various
    documents including Date of Certificates of his sons,
    Correspondences between him and various department, DDA
    receipts of payment electoral roll of relevant year showing the
    Plaintiff on the said roll as voter. It is also argued that the
    documents filed by the Plaintiff clearly signifies uninterrupted
    possession by the Plaintiff.

    9.2. It is the case of Plaintiff that he is the owner of the Suit
    Property and entered into the possession on the basis of Oral
    Agreement to Sale with the Defendant no 1 for a consideration
    of ₹12,000/-

    9.3. It is argued by the Ld. Counsel appearing for Plaintiff that the
    Defendants are Ex-Parte, and no evidence was led by the
    Defendants to rebut the claim of the Plaintiff, thus, in view of
    the unrebutted evidence of the Plaintiff, the Plaintiff is entitled
    to succeed in the present case.

    9.4. It is the case of Plaintiff that the present suit is within
    limitation as the Plaintiff was evicted from the Suit Property
    vide Eviction Order dated 11.04.2012. Thus, in view of Article
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    54
    of Schedule to Limitation Act, 1963, the date of Eviction
    Order be considered as date of refusal. The present suit was
    filed in January, 2013; thus the suit is filed with three years
    from the date of refusal as per Article 54 of Schedule to
    Limitation Act, 1963
    .

    10.ISSUE WISE ANALYSIS AND FINDINGS

    10.1. I have heard the Ld. Counsel for the Plaintiff and have given
    my anxious and thoughtful consideration to the submissions
    made. Further, I have also carefully gone through the entire
    record. My Issue wise findings are as Under:

    ISSUE NO 1: Whether the Plaintiff is entitled for a decree of specific
    performance against Defendant no.1/LRs of Defendant no.1 by directing
    them to execute the sale documents of the suit property i.e. DDA Janat
    Flat bearing No. 33-B, Block-BK-1, Shalimar Bagh, Delhi in favour of
    Plaintiff? OPP.

    ISSUE No 2: Whether the Plaintiff is entitled for a decree of declaration
    directing the Plaintiff as owner of the Suit Property i.e. DDA Janta Flat
    bearing no. 33-B, Block-BK-1, Shalimar Bagh, Delhi? OPP

    ISSUE NO 3:Whether the Plaintiff is entitled for a decree of possession
    against Defendant no.2 of the Suit Property DDA Janta Flat bearing no.
    33-B, Block-BK-1, Shalimar Bagh, Delhi? OPP

    10.2. I am of the opinion that the Issue No 1 & 2 & 3 are
    interconnected, thus, both are taken together to be considered
    for adjudication.

    10.3. The onus to prove the Issue No 1, 2 & 3 is on the Plaintiff, it is
    the Plaintiff who has to stand on his legs and prove his case. It
    is correct that the defendants are Ex-Parte and they did not lead
    any evidence to rebut the claim of the Plaintiff but the initial
    onus is on the Plaintiff to prove the case by leading cogent
    evidence.

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    10.4. It is well settled law that even in the Ex-Parte suit or where the
    defence of defendant is struck off, the Plaintiff has to stand on
    his own legs. The weakness of the Defendant does not give
    ipso facto right to the Plaintiff to get the relief from the court
    of law. Reliance in this regard is placed upon the judgment of
    Hon’ble High Court of Delhi titled as Harish Mansukhani vs.
    Ashok Jain
    reported as 2009(109) DRJ (DB) wherein the
    Hon’ble High Court has held that the Plaintiff has to prove his
    own case in accordance with the law and has to stand on his
    own legs.
    The Hon’ble Delhi High Court in another judgment
    titled as Sunil Dang vs. RL Gupta reported as CS(OS)
    1617/2007 decided on 13.01.2009 has held that on the contrary
    if the defendant is Ex Parte, the onus is high on the Plaintiff to
    prove its case and when the defendant is contesting the matter,
    the fact, which are not disputed are deemed to be proved and
    need not to be proved. Further when the Defendant fails to
    appear, there can be no admission and the Plaintiff has to prove
    the entire case in accordance with law.

    10.5. It may be relevant now to consider the law pertaining to
    discharge of burden of proof of the issues as relevant and
    applicable to the Civil Jurisdiction. In the binding authority of
    the Hon’ble Supreme Court of India, in M/s. Gian Chand &
    Brothers and Another v. Rattan Lal@ Rattan Singh
    : [2013] 3
    S.C.R. 601; it has been laid down:-

    1.3. It is well settled principle of law that a
    person who asserts a particular fact is required
    to affirmatively establish it. The burden of
    proving the facts rests on the party who
    substantially asserts the affirmative issues and
    not the party who denies it but the said
    principle may not be universal in its application
    and there may be an exception thereto.

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    10.6. The various aspects of proving the facts of a case and
    exceptions, if any, have been duly considered by Hon’ble
    Supreme Court of India in Anil Rishi vs Gurbaksh Singh in
    Appeal (civil) 2413 of 2006 on 2 May, 2006, wherein the
    binding legal position has been reinforced as under :-

    “Pleading is not evidence, far less proof. Issues
    are raised on the basis of the pleadings.
    Indisputably, the relationship between the
    parties itself would be an issue. The suit will
    fail if both the parties do not adduce any
    evidence, in view of Section 102 of the
    Evidence Act. Thus, ordinarily, the burden of
    proof would be on the party who asserts the
    affirmative of the issue and it rests, after
    evidence is gone into, upon the party against
    whom, at the time the question arises, judgment
    would be given, if no further evidence were to
    be adduced by either side.”

    It has been further laid down (supra) :-

    “A distinction exists between a burden of proof
    and onus of proof. The right to begin follows
    onus probandi. It assumes importance in the
    early stage of a case. The question of onus of
    proof has greater force, where the question is
    which party is to begin. Burden of proof is used
    in three ways : (i) to indicate the duty of
    bringing forward evidence in support of a
    proposition at the beginning or later; (ii) to
    make that of establishing a proposition as
    against all counter evidence; and (iii) an
    indiscriminate use in which it may mean either
    or both of the others. The elementary rule
    is Section 101 is inflexible. In terms of Section
    102 the initial onus is always on the plaintiff
    and if he discharges that onus and makes out a
    case which entitles him to a relief, the onus
    shifts to the defendant to prove those
    circumstances, if any, which would disentitle
    the plaintiff to the same.”.

    10.7. As per law of the land, the onus to prove is upon the plaintiff
    and if the plaintiff discharges that onus and makes out a case to
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    entitle him to the relief asserted, in this circumstance, the onus
    shifts upon the defendant to prove such circumstances which
    may disentitle the plaintiff to the relief claimed.
    10.8. Coming to the case in hand, it is the case of the plaintiff that
    the Plaintiff entered into an ‘Oral Agreement’ with the
    Defendant no 1 for the purchase of the suit property. The
    Plaintiff averred that he was in the possession of the suit
    property since 1980 and he has been carrying Union activities
    of the Delhi Mazdoor Front of which the Plaintiff was General
    Secretary. The Plaintiff has categorically averred that after
    marriage his both sons were born in the suit premises. Further,
    the Plaintiff got into the electoral rolls wherein the suit
    premises is the address. The Plaintiff by way of these
    evidences tries to show the possession was with him. The
    documents produced by Plaintiff cannot in any manner be
    considered as proof of ownership or title. Further, no
    documentary proof either oral or documentary has been
    brought on record to show the existence of any Oral
    Agreement with the Defendant no 1. It is pertinent to reiterate
    that the present suit is filed by the Plaintiff seeking Specific
    Performance of Oral Contract which was purportedly executed
    between Plaintiff and Defendant no 1 in the year 1980.
    10.9. It is the case of Plaintiff that in consonance of Oral Agreement
    to Sell the Plaintiff took over the possession but did not get the
    relevant sale document executed in his favor. Pertinently, the
    Oral Agreement to Sale is undated and no witness is produced
    by Plaintiff to prove the factum of execution of Oral
    Agreement. No Sale document was ever executed between
    Plaintiff and Defendant no 1, even there is no correspondences
    between the Plaintiff and Defendant no 1 regarding the

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    execution of relevant Sale documents.

    10.10.The present suit is filed by the Plaintiff seeking Specific
    performance of contract of Oral Agreement to Sale directing
    Defendant no 1 to execute the sale documents of the suit
    property, in favor of the plaintiff by completing all the
    formalities which are necessary for the transfer of the suit
    property i.e. DDA Janta Flat bearing No. 33-B, in Block BK-1,
    Shalimar Bagh, Delhi-110088. It is the specific case of the
    Plaintiff that he is the owner of suit property.
    10.11. In Brij Mohan and Others v. Sugra Begum and Others [(1990)
    4 SCC 147) the Apex Court held that in a case where the
    Plaintiffs come forward to seek a decree for specific
    performance of a contract of sale of immovable property on the
    basis of an oral agreement alone, a heavy burden lies on the
    plaintiffs to prove that there was consensus ad idem between
    the parties for a concluded oral agreement for the sale of
    immovable property.

    10.12.In the present case, the Plaintiff has failed to bring on record
    any evidence qua the existence of Oral Agreement. It is correct
    the Defendants did lead any evidence to rebut the claim of
    Plaintiff but in order to establish his case it is the Plaintiff who
    has to stand on his own leg and prove his case by leading
    cogent evidences. This court is of the view that the plaintiff
    failed to establish evidence on the touchstone of the principles
    discussed above to establish the existence of an oral contract as
    pleaded and no convincing evidence is available to show that
    there was an Oral Agreement. The Plaintiff as failed to show
    that any consideration amount was paid to the Defendant no 1.
    10.13.The seminal question arises Whether the Plaintiff is entitled to
    get Specific Performance of Contract for Oral Agreement with
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    respect to the Suit property?

    10.14.In order to decide the aforesaid question, it is paramount to
    consider whether the Plaintiff is able to bring on record
    relevant material and evidence to show the existence of Oral
    Agreement between Plaintiff and Defendant no 1. It is
    pertinent to mention that it is the specific case of the Plaintiff
    that he had purchased the suit property being the owner of the
    property. The Plaintiff in order to prove his case qua the factum
    of ‘Oral Agreement’ has brought on record following
    documents:

    i. Original Birth Certificate of Sh. Sanjog Kumar, ExPW1/1.
    ii. Original Letter dated 29.12.1993 received from DDA,
    ExPW1/2.

    iii. Communication Letters received from Labor Department in
    the name of Delhi General Mazdoor Front, ExPW1/3.
    iv. Communication Letter dated 28.09.1986, 24.01.1991,
    24.04.1991, 29.04.1992, 13.06.1997, 18.06.1997,
    14.08.1998, 24.09.1999, 14.03.2002, 20.03.2002 &
    03.07.2004, ExPW1/4(Colly).

    v. Original Electricity Bill of June 1992, ExPW1/5.
    vi. Original Bank Challan Receipts, payment
    Acknowledgement receipts and letter submitted before
    DDA, ExPW1/6.

    vii. Ex. PW1/7 (Colly.) are the Original letters dated
    16.05.1985, 19.08.1985 and 24.04.1986 sent to General
    Secretary, Delhi General Mazdoor Front.

    viii. Ex. PW1/8 (page no. 255 to 263) (Colly.) are the list of
    Electoral Roll.

    ix. Ex. PW1/9 (page no. 267 to 271) (Colly.) are the certified
    Copies of Eviction Petition containing averments of

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    Defendant no. 2.

    x. Ex. PW1/11 is the Certified copy of the Eviction Order
    dated 11.04.2012 passed in Eviction Petition NO. 260/2007.
    xi. Ex. PW1/12 (Colly.) is the certified copy of Memorandum
    of Appeal.

    xii. Ex. PW1/13, Certified Copy of the Order dated 11.01.2013
    10.15.The perusal of the evidence brought on record by the Plaintiff
    clearly show that there is not a single document which can
    prove the existence of Oral Agreement between Plaintiff and
    Defendant no 1. In fact, the communications received from
    DDA, which are ExPw1/2 and ExPw1/6 are addressed to the
    Defendant no 1 and in ExPw1/6, there are Original Bank
    Challans wherein the payment is made by the Defendant no1
    under his signatures. It is the specific plea of the Plaintiff that
    the documents were not executed by the Defendant no 1 as no
    lease document was executed by DDA. Further, ExPw1/5,
    Original Electricity Bill of June 1992, clearly shows that the
    electricity bill was in the name of Defendant no 1. The Plaintiff
    also failed to bring on record the Original Allotment letter
    which was issued in the name of Defendant no 1.
    10.16.The Plaintiff has brought on record, ExPw1/1, ExPw1/3,
    ExPw1/4 & ExPw1/7 are the documents which show that the
    suit property was in the possession of the Plaintiff since 1980.
    Pertinently, there is not a single document which show that the
    Plaintiff was in the possession of suit property since 1980 and
    the contention of Plaintiffs that he is the owner of Suit Property
    miserably fails as he failed to bring on record even the
    Allotment Letter issued by DDA in favor of Defendant no 1.
    The birth of children of Plaintiff (ExPw1/1), Communication
    Letters from Labor Department (ExPw1/2), Various

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    Communication Letters addressed to Plaintiff in the capacity of
    General Secretary of Union, ExPw1/4(Colly) & ExPw1/8, List
    of electoral rolls are of the year 1984,985 etc., does not show
    the existence of Oral Agreement as pleaded by the Plaintiff.
    10.17.In this regard the para 5 of the Plaint is worth mentioning. The
    para 5 is reproduced as follows:

    5.That Shri Ajay Kumar, defendant No.3 who
    happens to be the brother-in- law of the
    plaintiff (brother of the wife of the plaintiff)
    came to Delhi sometime at the end of 1986 or
    beginning of 1987 and he was allowed by the
    plaintiff to reside in the suit property till the
    time he gets some employment and arrange his
    own accommodation. While residing in the suit
    property, Shri Ajay Kumar’s name was entered
    into the electoral roll by the enumerator as he
    was putting up with the plaintiff as his family
    members, for the electoral rights in 1987.

    10.18.Upon examination of para 5 of the Plaint, it is apparent that it
    was very easy to get in to the electoral rolls in 1986 and in fact,
    the Defendant no 3, who is the brother-in-law of Plaintiff, got
    his name in the electoral name very easily. Thus, it is very
    unsafe and inappropriate to rely on the fact that the Plaintiff
    got the name entered in electoral rolls, which would signify
    that the Plaintiff had the possession of suit property. Even the
    Defendant no 3, being outsider was entered in the electoral
    roll.

    10.19. Importantly, there is something more to the picture presented
    by the Plaintiff, the Ex. PW1/9 (Colly.) are the certified copies
    of eviction petition filed by Defendant no 2 against Defendant
    no 3 & 4. The Defendant no 3 & 4 are the brother-in-law of the
    Plaintiff as admitted by the Plaintiff in para 5 of the Plaint. In
    the eviction petition the Defendant no 2 claims to be the
    landlord of the suit property and Defendant no 3 & 4 are
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    shown as tenant.

    10.20.The plaintiff had the knowledge of the eviction petition Ex.

    PW1/9 (Colly.). In this regard the para 8 of the plaint needs
    attention. The para 8 is as follows:

    8.That the defendant No.2 filed a false eviction
    petition against the defendant Nos. 3 and 4,
    inter alia alleging therein that defendant No.3
    was tenant in the suit property under him and
    further that the defendant No.3 had sublet,
    assigned or parted with the possession of the
    suit property to defendant No.4. A copy of the
    eviction petition containing averments of
    defendant No.2 is placed on record. It is
    submitted that the copy of the eviction petition
    in the closed envelope address to defendant
    No.3 was received by the plaintiff’s family
    member.

    10.21.The Plaintiff was well aware about the filing of the eviction
    petition and the Defendant no 2 was categorically asserting his
    right as landlord of the suit property and Defendant no 3 & 4
    was his tenant. The averment of para 8 clearly shows that the
    Plaintiff had the complete knowledge of the eviction suit and
    Plaintiff and Defendant no 3 & 4 were in collusion with each
    other. Moreover, the Plaintiff was a witness in the Eviction
    Petition Ex. PW1/9 (Colly.) in the capacity of the owner of suit
    property which was categorically rejected by the Ld. ARC,
    vide its order dated 11.04.2012, which is Ex. PW1/11. The
    relevant paragraphs are as follows:

    32. In the present case the petitioner has
    claimed the ownership of the suit premises by
    virtue of document EX AW 1/1 to EX AW 1/5.

    The petitioner has also stood the test of cross-
    examination that he is the owner and landlord
    of the suit premises. The respondent raised the
    objection that the documents filed by the
    petitioner cannot be relied upon.

    In the present case to decide the existence of
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    relationship of landlord and tenant between the
    parties the evidence led by both the parties
    need to be weighed carefully. In the present
    case the petitioner has claimed the ownership
    of the suit premises by virtue of chain of
    documents starting from original allottee in his
    favor The petitioner has also filed on record the
    original allotment letter of DDA, possession
    letter and other documents executed by the
    DDA at the time of initial allotment in favour
    of original allottee. On the other hand the
    respondent has merely denied the existence of
    relationship of landlord and tenant and
    produced no documentary evidence in support
    of his submissions. The respondent has
    produced only oral evidence to rebut the
    documentary evidence led by the petitioner.
    The respondent has stated that Sh. P. K. Sahi is
    the owner of the suit premises, however Sh.

    P.K. Sahi was also examined as RW-3 but even
    said Sh. P.K. Sahi has failed to place on record
    any document in support of his submissions
    regarding the ownership of the suit premises.
    Therefore, at one hand the petitioner is having
    all the original documents regarding allotment
    from DDA and chain of documents starting
    from original allottee. On the other hand the
    respondent is merely relying upon the oral
    testimony of the witnesses without filing any
    proof of ownership.

    10.22.The Order dated 11.04.2012, which is Ex. PW1/11, passed by
    Ld. ARC is categorically clear that the Plaintiff and Defendant
    no 3 & 4 are in collusion with each other. The Plaintiff failed
    to bring on record single document as to claim of his
    ownership of suit property. The Order dated 11.04.2012 is
    specifically referring to the chain of documents filed by
    Defendant no 2 to show that he is the landlord of the Suit
    Property, which was considered by the Ld. ARC. Per Contra,
    Plaintiff did not bring on record single document to prove his
    ownership.

    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 30/44

    10.23. Now coming to important aspect, the Plaintiff filed a suit for
    permanent and temporary injunction, bearing number
    CS-193/2012, ExPW1/12, against Defendant no 2, 3 & 4. The
    Plaintiff in the aforesaid suit, ExPW1/12, claimed to be owner
    of Suit Property. Pertinently, Defendant no 1 was not the party
    to the said suit. The perusal of ExPW1/12, Suit for Permanent
    Injunction, points out following important points for the
    consideration of this Court:

    a. It has been specifically averred, in ExPW1/12, that the

    Plaintiff was apprehensive of the Defendant no 2, as he
    was creating hinderance in the peaceful enjoyment of the
    Suit Property.

    b. In consonance of the apprehension the Plaintiff filed a

    criminal complaint dated 23.09.1992, against Defendant
    no 2, complaining about threatening of dire consequence
    if the property is not vacated and handed over to
    Defendant no 2. The Complaint Dated 23.09.1992
    clearly shows that the Plaintiff was well aware about the
    hostile response from Defendant no 2 towards the
    Plaintiff with respect to Suit Property.
    c. Pertinently, no ownership document was produced by

    the Plaintiff to assert his right over the Suit Property.
    d. Plaintiff admits that he filed impleadment application in

    the Eviction Petition to get himself impleaded which
    was dismissed by the Ld.ARC, thereafter the Appeal was
    also dismissed by Hon’ble Rent Controller. The review
    was also dismissed. The Civil Miscellaneous
    Application filed before the Hon’ble High Court of
    Delhi was also dismissed.

    e. In the aforesaid suit, ExPW1/12, there is no mention

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    how the ownership of Suit Property was acquired by the
    Plaintiff.

    f. The Plaintiff specifically plead in the aforesaid suit,

    ExPW1/12 that he made the payment to DDA of
    complete installment of ₹20,000/- till the year 2009.
    This fact is not mentioned in the present suit.
    g. The Plaintiff application under Order 1 Rule 10 seeking

    impleadment in the Eviction Petition was dismissed by
    the Ld. ARC on 23.04.2019. The dismissal of
    application Order 1 Rule 10, clearly shows that the
    Plaintiff was aware about the fact that Defendant no 2
    was contesting the Eviction Petition on the basis of his
    ownership and he had filed chain of ownership
    document in the proceedings.

    10.24.The Suit for Permanent Injunction, ExPW1/12, clearly shows
    that the Plaintiff misused the process of law by filing frivolous
    suit to circumvent the implementation of Eviction Order
    passed by Ld.ARC. Further, the Suit, ExPW1/12, was filed on
    the basis of being owner of the Suit Property but no document
    was filed by the Plaintiff.

    10.25.Thus, in view of aforesaid discussion and keeping in view the
    totality of facts and circumstances of present case, I am of the
    view that the Plaintiff is not entitled to relief of Specific
    Performance as the Plaintiff has failed to bring on record the
    factum of existence of Oral Agreement to Sale with Defendant
    no 1. Consequently, upon examination of above discussion, I
    arrive at the irresistible conclusion supported by mandate of
    law that the Plaintiff has failed to prove existence of Oral
    Agreement, thus as a consequence of the above discussion the
    Issue no 1 to 3 are decided against the Plaintiff and in favor of
    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 32/44
    Defendants. Once the Oral Agreement is not proved then the
    suit of the Plaintiff also fails on the aspect of Declaration of
    ownership of Suit Property and its possession.

    ISSUE NO 4: Whether Plaintiff is entitled for a decree of permanent
    injunction against Defendant no.2 of the Suit Property i.e. DDA Janta
    Flat bearing no. 33-B, Block-BK-1, Shalimar Bagh, Delhi ? OPP

    10.26.The Issue no 1 to 3 have been decided against the Plaintiff. The
    Plaintiff failed to prove the existence of Oral Agreement on the
    basis of which the Plaintiff was alleged occupying the Suit
    Property. Further, in the absence of Oral Agreement and
    relevant document and evidence the Plaintiff cannot be given
    benefit of Permanent Injunction as no Prima Facie case is
    made out, no balance of convenience is in favor of Plaintiff
    and the no loss is caused to him.

    10.27.In view of the above, where Plaintiff does not have any right,
    title or interest in the Suit property, I am of the view that no
    benefit of permanent injunction can be granted in favor of the
    Plaintiff.

    10.28.In Padhiyar Prahladji Chenaji (Deceased) Through L.R.s
    Versus Maniben Jagmalbhai (Deceased) Through L.R.s and
    Ors, 2022 SCCONLINE SC 258, the Hon’ble Supreme Court
    held as follows:

    6. At the outset, it is required to be noted that the
    suit filed by the original plaintiff was for
    cancellation of the registered Sale Deed dated
    17.06.1975 and for a declaration that the
    registered Sale Deed dated 17.06.1975 is bogus
    and not binding to the plaintiff. While praying for
    the substantive relief of declaration that the
    aforesaid sale deed is not binding on her, the
    plaintiff also prayed for return of the land
    admeasuring 1-0 guntha, which even according to
    the plaintiff was in possession of the defendant
    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 33/44
    No.1. The plaintiff also prayed for permanent
    injunction with respect to the entire agricultural
    land admeasuring 6 acres and 15 gunthas, though
    even according to the plaintiff also the defendant
    No.1 was handed over the possession of 1-0
    guntha of land out of 6 acres and 15 gunthas of
    land.

    6.1 On appreciation of the entire evidence on
    record, the trial court refused to pass the decree
    for cancellation of the registered sale deed and
    refused to grant a declaration as prayed.

    Therefore, so far as on the aspect of title of the
    land in question is concerned, the plaintiff lost.
    On appreciation of evidence, the trial court held
    that the husband of the plaintiff executed the
    registered sale deed in favour of the defendant
    No.1 for a value consideration. The judgment and
    order passed by the trial court refusing to grant
    the decree of cancellation of the registered sale
    deed and the declaration has attained finality.
    This is because no appeal was filed by the
    plaintiff.

    8.3 Therefore, once the suit is held to be barred
    by limitation qua the declaratory relief and when
    the relief for permanent injunction was a
    consequential relief, the prayer for permanent
    injunction, which was a consequential relief can
    also be said to be barred by limitation. It is true
    that under normal circumstances, the relief of
    permanent injunction sought is a substantive
    relief and the period of limitation would
    commence from the date on which the possession
    is sought to be disturbed so long as the
    interference in possession continuous. However,
    in the case of a consequential relief, when the
    substantive relief of declaration is held to be
    barred by limitation, the said principle shall not
    be applicable.

    9. Even otherwise on merits also, the Courts
    below have erred in passing the decree of
    permanent injunction restraining the defendant
    No.1 from disturbing the alleged possession of
    the plaintiff. Assuming for the sake of argument
    that the plaintiff is found to be in possession, in
    that case also, once the plaintiff has lost so far as
    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 34/44
    the relief of declaration and title is concerned and
    the defendant No.1 is held to be the true and
    absolute owner of the property in question,
    pursuant to the execution of the sale deed dated
    17.06.1975 in his favour, the true owner cannot
    be restrained by way of an injunction against
    him. In a given case, the plaintiff may succeed in
    getting the injunction even by filing a simple suit
    for permanent injunction in a case where there is
    a cloud on the title. However, once the dispute
    with respect to title is settled and it is held against
    the plaintiff, in that case, the suit by the plaintiff
    for permanent injunction shall not be
    maintainable against the true owner. In such a
    situation, it will not be open for the plaintiff to
    contend that though he/she has lost the case so far
    as the title dispute is concerned, the defendant –
    the true owner still be restrained from disturbing
    his/her possession and his/her possession be
    protected. In the present case, as observed
    hereinabove and it is not in dispute that the suit
    filed by the plaintiff for cancellation of the
    registered sale deed and declaration has been
    dismissed and the registered sale deed in favour
    of the defendant No.1 has been believed and
    thereby defendant No.1 is held to be the true and
    absolute owner of the suit land in question. The
    judgment and decree passed by the trial court in
    so far as refusing to grant the relief for
    cancellation of the registered sale deed and
    declaration has attained finality. Despite the fact
    that the plaintiff has lost so far as the title is
    concerned, still the Courts below have granted
    relief of permanent injunction against the
    defendant No.1 – the absolute owner of the land
    in question, which is unsustainable, both, on law
    as well as on facts. An injunction cannot be
    issued against a true owner or title holder and in
    favour of a trespasser or a person in unlawful
    possession.

    10.29.In view of above deliberation, once this court has arrived at a
    conclusion that the Plaintiff is not able to prove his case, on the
    basis of cogent evidence and materials, proving the existence
    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 35/44
    of Oral Agreement on the strength of which the present suit is
    filed seeking Specific Performance. Thus, in view of aforesaid
    finding the Issue no 4 is decided against the Plaintiff and in
    favor of Defendants.

    ISSUE NO 5: Whether the suit of Plaintiff is maintainable in the present
    form and the same is without any cause of action? OPD

    ISSUE NO 6: Whether the suit of the Plaintiff is barred by law of
    limitation? OPD

    10.30. Coming to Issue no 5 &. 6, the onus to prove the Issue no 5 &
    6 is on the Defendants. It is admitted fact that the Defendants
    though filed their respective written statements but none of the
    Defendants led any evidence to rebut the case of the Plaintiff
    but the issue of limitation can still be considered at the
    inception. In this regard it is pertinent to mention Section 3 of
    the Limitation Act, 1963:-

    3. Bar of limitation.–(1) Subject to the
    provisions contained in sections 4 to 24
    (inclusive)
    , every suit instituted, appeal
    preferred, and application made after the
    prescribed period shall be dismissed, although
    limitation has not been set up as a defence. (2)
    For the purposes of this Act,– (a) a suit is
    instituted,– (i) in an ordinary case, when the
    plaint is presented to the proper officer; (ii) in
    the case of a pauper, when his application for
    leave to sue as a pauper is made; and (iii) in the
    case of a claim against a company which is
    being wound up by the court, when the
    claimant first sends in his claim to the official
    liquidator; (b) any claim by way of a set off or
    a counter claim, shall be treated as a separate
    suit and shall be deemed to have been instituted

    — (i) in the case of a set off, on the same date
    as the suit in which the set off is pleaded; (ii) in
    the case of a counter claim, on the date on
    which the counter claim is made in court; (c) an
    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 36/44
    application by notice of motion in a High Court
    is made when the application is presented to
    the proper officer of that court.

    10.31. The Section 3 of Limitation Act, 1963 is crystal clear on the
    aspect that if a suit is instituted or appeal is preferred or an
    application is made after the expiry of the period of limitation,
    then the said suit, appeal or application be dismissed even if
    the limitation is not set up as defense. Further, this Court, in
    the performance of its duty, mandated under Section 3 of the
    Limitation Act, 1963, has to take up the question of limitation.
    10.32.The Hon’ble Supreme Court has held in the case of V.M.
    Salgaocar and Bros. v. Board of Trustees of Port of Mormugao
    and Another, (2005) 4 SCC 613 wherein the Hon’ble Court
    has held as follows:

    “20. The mandate of Section 3 of the
    Limitation Act is that it is the duty of the court
    to dismiss any suit instituted after the
    prescribed period of limitation irrespective of
    the fact that limitation has not been set up as a
    defence. If a suit is ex facie barred by the law
    of limitation, a court has no choice but to
    dismiss the same even if the defendant
    intentionally has not raised the plea of
    limitation.

    21. This Court in Manindra Land & Building
    Corpn. Ltd. v. Bhutnath Banerjee
    [(1964) 3
    SCR 495: AIR 1964 SC 1336] held (AIR para

    9):

    Section 3 of the Limitation Act, enjoins the
    court to dismiss any suit instituted, appeal
    preferred and application made, after the period
    of limitation prescribed therefor by Schedule I
    irrespective of the fact whether the opponent
    had set up the plea of limitation or not. It is the
    duty of the court not to proceed with the
    application if it is made beyond the period of
    limitation prescribed. The Court had no choice
    and if in construing the necessary provision of
    the Limitation Act or in determining which
    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 37/44
    provision of the Limitation Act applies, the
    subordinate court comes to an erroneous
    decision, it is open to the court in revision to
    interfere with that conclusion as that
    conclusion led the court to assume or not to
    assume the jurisdiction to proceed with the
    determination of that matter.”

    10.33. Now coming to the case in hand , in order to arrive at just
    conclusion to decide the Issue of limitation, it is pertinent to
    refer to the relevant pleadings of plaint. The relevant pleadings
    are as follows:

    That the suit property DDA Janta Flat bearing
    No. 33-B, in Block BK-1, Shalimar Bagh,
    Delhi – 110088, correctly shown in the site plan
    attached with the plaint (hereinafter referred to
    as ‘the suit property’), was originally allotted to
    defendant No. 1 Shri Narain Dass son of Shri
    Tara Chand vide allotment letter dated
    28.08.1980. The defendant No.1 approached
    the plaintiff for sale of the said flat immediately
    after its allotment for a sum of Rs. 12,000/-

    (Rupees twelve thousand only) and demanded
    the same in lumpsum in cash.

    It is further submitted by ld. counsel for
    plaintiff that the plaintiff agreed to purchase the
    suit property from defendant No.1 Shri Narain
    Dass under an oral agreement. The plaintiff
    paid Rs 12,000/-to defendant No.1 and the
    plaintiff had agreed to pay installments of the
    suit property to DDA. Since the installments
    covering the costs of the flat were to be paid on
    monthly basis, the subsequent installments
    were paid by the plaintiff. The challans of
    remittance of money to the Delhi Development
    Authority through bank are produced by the
    plaintiff. The execution of the documents of
    sale was postponed to a future date, as the
    necessary formalities with the DDA and Shri
    Narain Dass were not complete. The plaintiff
    was handed over possession of the flat/suit
    property by the defendant No.1 after obtaining
    its possession from DDA.

    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 38/44

    The plaintiff after purchase of the flat from
    defendant No.1 in 1980 started residing as well
    as carrying on union activities of the Delhi
    General Mazdoor Front of which the plaintiff
    was General Secretary and was continuously
    carrying on its activities from the suit property
    ever since 1983.

    The plaintiff continued residing in the suit
    property as its owner as the defendant No.1 had
    not got Lease Deed executed in his name from
    the Delhi Development Authority and the
    instalments to the Delhi Development
    Authority were paid by the plaintiff as per oral
    agreement with the defendant No.1. Since
    defendant No.1 was a person of confidence of
    the plaintiff, the plaintiff never thought it
    necessary to get the agreement reduced into
    writing or to take the receipt(s) of the payments
    in writing.

    10.34.The limitation for filing a suit for specific performance, as per
    Article 54 of the Schedule to The Limitation Act, 1963 is 3
    years ‘from the date fixed for performance or if no such date is
    fixed, when the plaintiff has notice that the performance is
    refused.’
    10.35.The Hon’ble Supreme Court in the case of In Ghewarchand v
    Mahendra Singh
    , (2018) 10 SCC 588, it was observed that
    when deciding upon the question of limitation, it is mainly
    required to see the plaint allegations and how the plaintiff has
    pleaded the accrual of cause of action for filing of the suit.

    Apropos limitation, this Court observed, in Basawaraj v Land
    Acquisition Officer
    , (2013) 14 SCC 81 as under:

    ’12. It is a settled legal proposition that law of
    limitation may harshly affect a particular party
    but it has to be applied with all its rigour when
    the statute so prescribes. The court has no
    power to extend the period of limitation on
    equitable grounds. “A result flowing from a
    statutory provision is never an evil. A court has
    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 39/44
    no power to ignore that provision to relieve
    what it considers a distress resulting from its
    operation.” The statutory provision may cause
    hardship or inconvenience to a particular party
    but the court has no choice but to enforce it
    giving full effect to the same. The legal maxim
    dura lex sed lex which means “the law is hard
    but it is the law”, stands attracted in such a
    situation. It has consistently been held that,
    “inconvenience is not” a decisive factor to be
    considered while interpreting a statute.

    13. The statute of limitation is founded on
    public policy, its aim being to secure peace in
    the community, to suppress fraud and perjury,
    to quicken diligence and to prevent oppression.

    It seeks to bury all 12 acts of the past which
    have not been agitated unexplainably and have
    from lapse of time become stale. According to
    Halsbury’s Laws of England, Vol. 28, p. 266:

    “605. Policy of the Limitation Acts.– The
    courts have expressed at least three differing
    reasons supporting the existence of statutes of
    limitations namely, (1) that long dormant
    claims have more of cruelty than justice in
    them, (2) that a defendant might have lost the
    evidence to disprove a stale claim, and (3) that
    persons with good causes of actions should
    pursue them with reasonable diligence.” An
    unlimited limitation would lead to a sense of
    insecurity and uncertainty, and therefore,
    limitation prevents disturbance or deprivation
    of what may have been acquired in equity and
    justice by long enjoyment or what may have
    been lost by a party’s own inaction, negligence
    or laches. (See Popat and Kotecha Property v.
    SBI Staff Assn.
    [(2005) 7 SCC 510], Rajender
    Singh v. Santa Singh
    [(1973) 2 SCC 705: AIR
    1973 SC 2537] and Pundlik Jalam Patil v.

    Jalgaon Medium Project [(2008) 17 SCC 448:

    (2009) 5 SCC (Civ) 907].)’ (emphasis supplied)

    10.36.Article 54 of Schedule to the Limitation Act, 1963 provides for
    3 years limitation period ‘from the date fixed for performance
    or if no such date is fixed, when the plaintiff has notice that the
    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 40/44
    performance is refused. In the present case admitted there is no
    written document and entire case of the Plaintiff is based on
    the Oral Agreement to Sale, which is unproved. Thus, the
    question of date fixed for performance of contract does not
    arise at all. Now, Coming to later part of Article 54 of Schedule
    to Limitation Act
    , which talks about when the plaintiff has
    notice that the performance is refused. In the present case
    though there was no written agreement but the materials are
    there which shows the scenario was hostile to the Plaintiff. The
    Suit, ExPW1/12, wherein the Criminal Complaint dated
    23.09.1992 is annexed which was filed by Plaintiff against the
    Defendant no 2 with respect to suit property. The Plaintiff was
    well aware about the fact that he is not the owner of the
    property and Defendant no 2 was asserting his right over the
    Suit Property.

    10.37.The Hon’ble Supreme Court in the case of A.VALLIAMMAI
    VERSUS K.P. MURALI AND OTHERS, 2023 INSC 823,
    wherein it is held by Hon’ble Supreme Court which is as
    follows:

    20. Article 54 of Part II of the Schedule to the
    Limitation Act, 19637 stipulates the limitation
    period for filing a suit for specific performance
    as three years from the date fixed for
    performance, and in alternative when no date is
    fixed, three years from the date when the
    plaintiff has notice that performance has been
    refused. Section 9 of the Limitation Act, 1963
    stipulates that once the limitation period has
    commenced, it continues to run, irrespective of
    any subsequent disability or inability to
    institute a suit or make an application.

    It is an accepted position that Rs. 1,00,000/-
    was paid at the time of execution of the
    agreement to sell (Exhibit A-1), and the
    balance consideration of Rs. 31,45,000 was
    required to be paid by 26.05.1989. Time for
    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 41/44
    payment of Rs.31,45,000/- and execution of the
    sale deed was extended till 26.11.1989 vide the
    endorsement (Exhibit A-3). If we take the date
    26.11.1989 as the date for performance, the suit
    for specific performance filed on 27.09.1995, is
    barred by limitation. However, we agree with
    the submission raised on behalf of K.P. Murali
    and S.P. Duraisamy, that the aforesaid time, as
    fixed vide the agreement to sell and the
    endorsement (Exhibit A-1 and A-3), was not
    the essence of the contract and therefore, the
    first part of Article 54 will not be applicable.10
    Instead, the second part of Article 54 will
    apply.11 On the interpretation of Article 54,
    this Court in Pachanan Dhara and Others v.

    Monmatha Nath Maity12, has held that for
    determining applicability of the first or the
    second part, the court will have to see whether
    any time was fixed for performance of the
    agreement to sell and if so fixed, whether the
    suit was filed beyond the prescribed period,
    unless a case for extension of time or
    performance was pleaded or established.

    However, when no time is fixed for
    performance, the court will have to determine
    the date on which the plaintiff had notice of
    refusal on part of the defendant to perform the
    contract. Therefore, we have to examine
    whether K. Sriram or his assignees, K.P. Murali
    or S.P. Duraisamy, had notice that performance
    had been refused by A. Valliammai and, if so,
    from which date.

    10.38.Keeping in view the facts and circumstances adumbrated
    above and having held that the Plaintiff failed to bring on
    record relevant material and evidence to show the existence of
    Oral Agreement to Sale, I am of the view that, the 3-year
    limitation, if any as there is no Oral Agreement, could have
    started from the date when the Plaintiff’s application under
    Order 1 Rule 10 seeking impleadment in the Eviction Petition
    was dismissed by the Ld. ARC on 23.04.2019. The dismissal

    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 42/44
    of application Order 1 Rule 10, clearly shows that the Plaintiff
    was aware about the fact that Defendant no 2 was contesting
    the Eviction Petition on the basis of his ownership and he had
    filed chain of ownership document in the proceedings. It is the
    case of Plaintiff that cause of action to file the present suit
    accrued in favor of the Plaintiff on 04.07.2012 when the
    Plaintiff was dispossessed from the Suit Property. The cause of
    action against the Defendant no 1 accrues on 04.07.2012 when
    the Defendant no 1 refused to refused to execute Sale Deed in
    respect of Suit Property in favor of Plaintiff.
    10.39. Firstly, the Plaintiff tried to circumvent the execution of
    Eviction Order passed by Ld. ARC by filing frivolous
    applications and appeals. Pertinently, the Plaintiff was very
    well aware about the Eviction Proceedings. Secondly, there is
    not a single document or evidence brought on record to show
    that the Defendant no 1 refused to execute the Sale Deed in
    favor of Plaintiff. I am of the view that the reason of not
    bringing on record evidence with respect to Oral Agreement to
    Sale and refusal to execute the Sale Deed by the Plaintiff is
    that there is neither the existence of Oral Agreement nor there
    was any refusal by the Defendant no 1. In any case if the
    period of limitation is calculated from 23.04.2019 i.e. the date
    of dismissal of Plaintiff’s application under Order 1 Rule 9,
    seeking impleadment in the Eviction Petition, then the 3-year
    period for specific performance ends on 23.03.2022. The
    present suit was filed on 03.01.2013, thus the present Suit of
    the Plaintiff seeking specific performance of Oral Agreement is
    time barred.

    10.40. Thus, in view of aforesaid discussions I am of the view that the
    Plaintiff failed to prove the fact of existence of Oral
    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 43/44
    Agreement to Sale and fact of refusal to execute Sale Deed in
    favor of Plaintiff, by leading cogent evidence. The present Suit
    of the Plaintiff is time barred and thus, liable to be dismissed.
    The Issue no 5 & 6 are decided against the Plaintiff and in
    favor of Defendants.

    11.RELIEF
    11.1. In view of totality of facts and circumstances of the present
    suit, the present suit of Plaintiff is dismissed.
    11.2. Decree sheet be prepared accordingly.
    11.3. File be consigned to record room after due compliance.
    11.4. No Order as to Cost.

                                                                    Digitally
                                                                    signed by
                                                                    AKBAR
                                                         AKBAR      SIDDIQUE
                                                         SIDDIQUE   Date:
                                                                    2026.04.08
                                                                    16:22:09
                                                                    +0530
    
    
         Announced in open                          (Akbar Siddique)
         Court on 08.04.2026                  DJ-04, North, Rohini Courts,
                                                    Delhi/ 08.04.2026
    
    
    
    
    CS DJ No. 58044/2016 PRAFUL KUMAR SHAHI & ORS VS NARAIN DASS & ORS Page No. 44/44
     



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