Order 20

Order Details: COPY OF ORDER
Pdf Text: Civ Suit 272/25
TARSEM PAL
Vs.
SHISH PAL ALIAS SHISHU PAL
26.12.2025
Present: None for plaintiff.
Sh. Nitin, Ld. Counsel for defendant no. 1/Shishu
Pal, through VC.
Sh. Anurag, Ld. Counsel for defendant no. 2,
through VC.
Defendant no. 2/Daljeet in person through VC.
Sh. Satender Kumar, Ld. Counsel for defendant no.
3/Sub-Registrar, through VC.
None for defendant no. 4 & 5.
1. Vide this order, I shall dispose of the application u/o
39 Rule 1 & 2 CPC whereby plaintiff seeks passing of an exparte
adinterim injunction against defendant no. 1 and 2 and their
associates, attorney’s assigns, legal representatives etc. by
restraining them not to interfere in the suit property i.e. Khasra
No. 3/21/3, situated in Village Johripur, in the abadi of Ambedkar
Vihar, Shahdara, Delhi-110094 and restraining them not to
transfer the suit property through any mode of documents and
further defendant no. 3 be restrained not to entertain any
documents for registration in respect of the suit property.
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2. It is the case of the plaintiff that plaintiff is the
owner of 2 Bigha out of Khasra No. 3/21/3, situated in Village
Johripur, in the abadi of Ambedkar Vihar, Shahdara, Delhi-
110094 by virtue of transfer documents i.e. General Power of
Attorney, Agreement for Sell, Affidavit, Receipt, Will and
Possession Letter, all dated 16.04.2024 executed by defendant
no. 5. It is further stated that the erstwhile owner of suit property
i.e. defendant no. 5, who is a proforma party in this case, had
purchased the suit property from defendant no. 1 in the year 2003
by way of registered documents. It is further stated that while
defendant no. 5 was the owner of the suit property, defendant no.
1 has tried his best to get cancel the said title documents executed
by defendant no. 1 in favour of defendant no. 5 and in this
regard, defendant no. 1 moved application before the Sub-
Registrar concerned for cancellation of registered General Power
of Attorney dated 07.05.2003 and the Sub-Registrar has refused
to cancel the titled documents. It is further stated that defendant
no. 5 applied for demarcation of the suit property vide his
application dated 13.06.2019 of his land measuring 2 bigha
situated in Khasra No. 21/3, Village Johripur after issuing notice
by the concerned SDM to the defendant no. 1, he moved an
application dated 16.07.2019 for non-demarcation of the subject
land and vide order dated 23.09.2020, the revenue assistant/SDM
passed an order, wherein, possession of the defendant no. 5 was
found correct and rejected the application of defendant no. 1 and
allowed the application of defendant no. 5 and the property was
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demarcated. It is further stated that defendant no. 1 sold the
property to defendant no. 5 and despite that he tried to snatch the
possession from defendant no. 5 and proceeding was initiated in
this regard before SDM concerned, wherein vide order dated
07.08.2009, the defendant no. 5 was found in lawful possession
of suit property and directed that the defendant no. 5 shall not be
dispossess from the suit property.
It is further stated that defendant no. 1 filed a civil
suit for possession, cancellation and permanent injunction against
the defendant no. 5 and Sub-Registrar-IV, Seelampur, Delhi vide
suit bearing no. 51/2020 titled as Shishu Pal vs. Salimuddin &
Anr on frivolous grounds. It is further submitted that the said
case was assigned to the court of Ld.
JSCC/ASCJ/G.Judge/KKD/Delhi and the said suit was filed by
defendant no. 1 against defendant no. 5 and same was hopelessly
barred by time. It is further stated defendant no. 5 filed detailed
written statement in said suit besides an application u/o VII Rule
11 CPC. It is further stated that on 03.04.2025, the defendant no.
1 has simply withdrawn the said suit. It is further stated that
plaintiff is in lawful possession of the suit property. It is further
stated that on 23.07.2024, defendant no. 2 in connivance with
defendant no. 1 and local staff of PS Karawal Nagar tried to
disturb the lawful possession of plaintiff on the basis of some
frivolous documents executed by defendant no. 1 in favour of
defendant no. 2. It is further stated that defendant no. 2 has
shown documents to the SHO, PS Karawal Nagar in respect of
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property falls in Khasra No. 3/21/6 as well as in absence of
plaintiff, the defendant no. 2 in connivance with officials of
defendant no. 4, have erected some halls over the suit property
and when plaintiff repudiated, then the defendant no. 2 and his
associate left the structure. It is further stated that on 09.06.2025
at about 12:00 PM, the defendant no. 1 and 2 alongwith brothers
of defendant no. 2 besides 10-12 persons looking like goons tried
to enter into the suit property and when plaintiff and the
neighbour opposed, they left the spot by giving threat that they
shall certainly take the forceful possession of the suit property.
In reply, it is submitted on behalf of defendant no.
1/Sheeshpal @ Shishupal that defendant no. 1 is recorded in the
revenue records as titleholder or landowner of Khasra No. 3/20/3,
3/21/1, 3/21/2, 3/21/3, 3/21/4, 3/21/5, 3/21/6 situated in Village
Jeevanpur @ Johri Pur, Tehsil Karawal Nagar, District North-
East, Delhi and sold all his respective khasras(3/21/1, 3/21/2,
3/21/3, 3/21/4, 3/21/5, 3/21/6) between 1990 to 1998 to Mr.
Daljeet Singh, Mr. Parminder Singh, Mr. Jaswant Singh, Mr.
Harjeet Singh and Mr. Gurmukh etc. and the same were sold to
Mr. Daljeet Singh alongwith a tubewell and electricity
connection. It is further stated that except for Khasra No. 3/20/3,
defendant no. 1 no longer owns any other plot/land.
It is further stated that defendant no. 1 never sold
any property to defendant no. 5 and defendant no. 5 was merely
enstrusted with supervision and caretaking of land bearing
Khasra No. 3/20/3. It is further stated that said plot is bounded by
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the land of one Madan Lal Halwai and in relation to this very
land, defendant no. 5 has been involved in numerous litigations
against Madan Lal Halwai, his sons and others. It is further stated
that through fradulent means, defendant no. 5 procured
signatures of defendant no. 1 on forged documents and the khasra
numbers mentioned in the forged documents not exist. It is
further stated that plaintiff and defendant no. 5 have collusively
instituted the present suit. It is further stated that the plaintiff has
no prima-facie cause of action in the present suit. It is further
stated that plaintiff has no balance of convenience in his favour
nor any likelihood of success as plaintiff has concealed true fact.
It is further stated that plaintiff is not suffering any loss whereas
defendant no. 1 is suffering heavy financial loss because plaintiff
has concealed true fact.
In reply, it is submitted on behalf of defendant no.
2/Daljeet Singh that defendant has not been in India since
18.05.2025 and is presently in Canada. It is further stated that
defendant no. 1 is recorded in revenue department’s record as
Bhumidhar or owner of land bearing no. 3/20/3, 3/21/1, 3/21/2,
3/21/3, 3/21/4, 3/21/5, 3/21/6 situated in Village Jeevan Pur @
Johri Pur, Tehsil Karawal Nagar, District North-East, Delhi. It is
further stated that from the year 1993 to 1998, defendant/Daljeet
Singh alongwith his brothers Sh. Parminder Singh. Sh. Jaswant
Singh, Sh. Harjeet Singh and Sh. Gurmukh etc. purchased from
defendant no. 1 the land bearing Khasra Nos. 3/21/1, 3/21/2,
3/21/3, 3/21/4, 3/21/5, 3/21/6 situated in Village Jeevan Pur @
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Johri Pur, Tehsil Karawal Nagar, District North-East, Delhi, on
the basis of documents such as General Power of Attorney,
Agreement to Sell supported by affidavit, Will, receipt of
payment, etc. It is further stated that the defendant had
purchased some part of land of Khasra No. 3/21/3 along with the
tube well and electricity connection installed therein. It is further
stated that except for the aforesaid Khasra No. 3/20/3, defendant
no. 1 no longer has any plot/land. It is further stated that the
plaintiff has no prima-facie cause of action in the present suit. It
is further stated that plaintiff has no balance of convenience in
his favour nor any likelihood of success as plaintiff has concealed
true fact.
In reply filed by defendant no. 3/Sub-Registrar, it is stated
that the plaintiff has no prima-facie cause of action in the present
suit. It is further stated that plaintiff has no balance of
convenience in his favour nor any likelihood of success as
plaintiff has concealed true fact. It is further stated that plaintiff
has not served the notice u/s 80 PC upon defendant.
It is submitted on behalf of defendant no. 5/Salimuddin
that as per submission made by plaintiff, the property/land
measuring 2 bhigha part of Khasra No. 3/21/3 situated at village
Johri Pur in the Abadi of Ambedkar Vihar, Ilaqa Shahdara, Delhi-
94 was transferred by answering defendant to plaintiff vide
documents dated 16.04.2024 executed by him in favour of
plaintiff. It is further stated that out of above land, a portion of
400 sq. yds. upon which a single storey structure was built up
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was already given by answering defendant to defendant no. 2 for
his use on licence basis and defendant no. 2 promised to vacate
the same and handover its peaceful possession to plaintiff after
some time of 16.04.2024, however defendant no. 2 has not
vacated the same. It is further stated that answering defendant
was in possession of entire suit property and handed over the
same to plaintiff at the time of executing the transfer documents
in his favour on 16.04.2024 and apprised plaintiff that defendant
no. 2 shall hand over the peaceful possession of portion of 400
sq. yds. after some time. It is further stated that defendant no. 2
introduced a new story by alleging that he has sold khasra no.
3/20/3, 3/21/1, 3/21/2, 3/21/3,3/21/4, 3/21/5, 3/21/6 situated at
village Jeevan Pur, Johripur Tehsil Karawal Nagar, District North
East, Delhi between year 1990 to 1998 to Sh. Daljeet Singh, Sh.
Parminder Singh, Sh. Jaswant Singh, Sh. Harjeet Singh and
Gurumukh Singh etc. and also sold the tube well and electricity
connection to Sh. Daljeet Singh.
3. Perusal of record shows that when D-1/Shishu Pal has
shown all his property in Khasra No. 3/21/1, 3/21/2, 3/21/3,
3/21/4, 3/21/5 & 3/21/6 to D-2/Daljeet Singh between the year
1990-1998, then how D-1/Shishu Pal filed the suit no. 51/2020
titled as Shishu Pal vs. Salimuddin & Ors. in this court itself for
Khasra No. 3/21/3 and admitted the execution of registered
documents in favour of D-5/Salimuddin on 07.05.2003. In suit
no. 51/2020, D-1 admitted the proceeding before SDM and Sub-
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Registrar which fortifies the version of plaintiff herein regarding
the cancellation of application by SDM concern filed by D-
1/Shishupal. In suit no. 51/2020, defendant Shishu Pal admitted
the possession of present D-5/Salimuddin over suit property. In
suit no. 51/2020, the present D-1/Shishu Pal i.e. the plaintiff in
suit no. 51/2020, not iterated even single word regarding the
selling of property to present D-2/Daljeet etc. and contested the
case for about five years but now suddenly in his WS in the
present matter, the D-1/Shishu Pal has revealed the name of D-
2/Daljeet etc. as to be owner of unspecified and unidentified
property in various khasra numbers.
In his written statement, D-1/Shishu Pal also
admitted his signature in favour of D-5/Salimuddin over certain
documents but pleaded the fraudulent induction of certain khasra
number by D-5/Salimuddin but Shishupal has not stated any such
thing in suit no. 51/2020. D-1/Shishupal also not filed any suit
against D-5/Salimuddin for declaring the said property
documents dated 07.05.2023 as null and void despite passage of
more than 22 years of its execution since 2003. Vide separate
statement dated 13.06.2025 made on behalf of defendant no.
1/Shishu Pal, he has already stated that he has left with no
concern with suit property as he has already sold out the same.
D-2/Daljeet Singh in his WS has given omnibus
kind of submission regarding purchase of land in the year 1993-
1998 from defendant no. 1 bearing khasra no. 3/21/1, 3/21/2,
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3/21/3, 3/21/4, 3/21/5 & 3/21/6 situated in Village Jeevanpur @
Johri Pur, Tehsil Karawal Nagar, District North-East, Delhi but
he has placed on record the photocopy of GPA dated 13.11.1998
in his favour pertaining to piece of land ad-measuring 463.5 sq.
yds. only but by way of present WS he is claiming his ownership
over the piece of land about 2000 sq. yds. without filing any
single document in his favour. In the entire WS, the defendant no.
2/Daljeet Singh not stated anything about the land area purchased
by him or by his said brothers namely Sh. Jaswant Singh, Sh.
Harjeet Singh, Sh. Gurmukh Singh etc. but has given the
omnibus kind of ownership in above khasra numbers. D-
2/Daljeet Singh has not specified any particular khasra number or
area of land owned by him which is in his actual physical and
exclusive possession and with such obscure submissions
regarding area of land with him, which is only 463.5 sq. yds., D-
2/Daljeet Singh is claiming his possession over more than 2000
sq. yds. of land despite the specific demarcation of land by
revenue authorities. D-2/Daljeet Singh has also tried to create
disguise regarding actual place of suit property by taking the
name of Sohan Lal Halwai whereas the demarcation proceedings
by office of SDM concerned has very specifically mentioned
about the place of land of Sohan Lal Halwai apart from suit
property.
In the written statement filed by D-5/Salimuddin, he
specifically admitted that he transferred the land measuring 2
bigha, part of khasra no. 3/21/3, Village Johripur to plaintiff vide
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document dated 16.04.2024. D-5/Salimuddin also stated that he
gave the portion of 400 sq. yds. to defendant no. 2 on license
basis only.
As per specific averment of Transfer of Land of 2
bigha of khasra no. 3/21/3, Village Johripur in favour of plaintiff
on 16.04.2024 by defendant no. 5 who purchased the same from
defendant no. 1/Shishu Pal in the year 2003 vide registered
document dated 07.05.2003 and D-1/Shishu Pal has also
admitted the execution of document dated 07.05.2003, there is no
doubt in ownership of document in favour of defendant no.
5/Salimuddin. There is demarcation report of suit property vide
order dated 23.09.2020 by SDM, wherein SDM found the
possession of defendant no. 5 to be correct and rejected the
application of defendant no. 1/Shishu Pal and also allowed the
application of D-5/Salimuddin. There is demarcation of property
by proceeding dated 19.07.2024. As per old proceeding dated
07.08.2009, the SDM concern has held that D-5/Salimuddin was
found in lawful possession of suit property and directed that D-5
shall not be dispossessed from the suit property which is further
fortified by order dated 10.02.2012 in the proceedings u/s 145
Cr.PC and defendant no. 1/Shishu Pal has also admitted the
execution of document qua suit property in favour of defendant
no. 5/Salimuddin in suit no. 51/2020 titled Shishu Pal vs.
Salimuddin & Ors. The claim of plaintiff is over the suit property
ad-measuring 2 bigha, whereas D-2 has not made any specific
averment regarding his ownership and actual physical possession
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over any certain piece of land having specific area but has made
the omnibus averment qua the ownership of land in his name and
in name of his other three brothers and etc. without disclosing or
specifying the name of so called “etc.”. D-2 has placed on record
the photocopy of unregistered documents in his favour only to
the piece of land ad-measuring 463.5 sq. yds. only and nothing at
all has been filed by defendant apart from the photocopy of
above unregistered document despite his claim over more than
2000 sq. yds. of land, so there is prima-facie case in favour of
plaintiff and against the defendants. As the matter pertains to
immovable property so plaintiff will suffer irreparable loss and
injury which cannot be compensated in terms of money if the
present application is not allowed. In view of above balance of
convenience is also in favour of plaintiff, so the application in
hand under order 39 rule 1 & 2 CPC is hereby allowed. The
defendants, their associates, attorneys, assignees, legal
representatives etc are hereby restrained from interfering in
peaceful possession of plaintiff in the suit property in Khasra No.
3/21/3, situated in Village Johripur, in the abadi of Ambedkar
Vihar, Shahdara, Delhi-110094 till final disposal of suit.
Defendants are also restrained from transferring the suit property
or creating third party interest in suit property till final disposal
of suit.
Nothing stated herein above shall tantamount to my
final opinion/expression on merits of the case.
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Application disposed of in above terms.
4. Matter is adjourned for replication, admission denial
and framing of issues.
It be relised on 16.01.2026.
(Ajay Kumar Malik)
JSCC/ASCJ/G. Judge(N/E)
26.12.2025
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