BOBIN DHULL vs M/S I.P. FOUNDATION & ORS.
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:- 21st May, 2024.
+ CS(OS) 37/2024 and I.A. 30032-35/2024, 950/2024, 951/2024, 29832/2024, 29833/2024, 29847/2024, 29848/2024, 29849/2024, 29850/2024
BOBIN DHULL ….. Plaintiff
Through: Mr. Brijendra Chahar, Sr. Adv. with Mr. Subhash Choudhary, Mr. Ravindra Singh, Mr. Bajinder Singh, Mr. Sanjay Pal, Ms. Monika Rai, Mr. Gourav Kumar and Mr. Ajay Kumar, Advocates (M: 9958313313, 9958947442).
versus
M/S I.P. FOUNDATION & ORS. ….. Defendants
Through: Mr. Akash Mehta and Mr. Akhil Jaitley, Advocates for D-1 (M: 9910093569).
Mr. Humraz Bir Singh, Advocate for D- 2, 3, 4, 5 and 9 (M: 9968625931).
Mr Anupam Srivastava ASC with Mr Deepak Jain, Advocate for D-6 (M: 9871471678).
Ms. Sagrika Wadhwa Ms. Poorvashi Kalra, Advocates for D-7 (M: 8527531588).
Mr. Mayank Bamniyal, Advocate for DDA.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J.(Oral)
1. This hearing has been done through hybrid mode.
I.A. 30033/2024, 30035/2024, 29833/2024, 29848/2024, 29850/2024 (for exemptions)
2. Allowed subject to all just exceptions. Applications are disposed of.
I.A. 29847/2024 (for permission)
3. This is an application seeking permissions to place an audio recording allegedly consisting of the fathers conversation on record.
4. Let the same be brought on record by the Plaintiff, along with a certificate under Section 65B of the Indian Evidence Act, 1872, subject to all objections. The objections in respect of the audio recording be raised by the Defendants by way of a reply to the present application.
5. Application is disposed of.
I.A. 951/2024 [u/S. 80(2) CPC]
6. This is an application under Section 80(2) CPC. All the authorities are already served and are appearing in the matter. The application is disposed of.
I.A. 30034/2024 (for furnishing the adoption certificate)
7. Issue notice. Let a reply be filed within four weeks. Rejoinder, if any, be filed within four weeks.
8. List before the Joint Registrar for completion of pleadings on 2nd August, 2024.
9. List before the Court on 4th October, 2024.
I.A. 29832/2024
10. Let the reply be filed by the Sub-Registrar within four weeks.
11. List before the Joint Registrar for completion of pleadings on 2nd August, 2024.
12. List before the Court on 4th October, 2024.
CS(OS)-37/2024 and I.A. 950/2024, I.A. 29849/2024, I.A. 30032/2024
13. The present suit has been filed by Plaintiff-Ms. Bobin Dhull whose maiden name was Ms. Bobin Khosa daughter of Mr. Dilbagh Singh Khosa. She has sought a permanent and mandatory injunction as also declaration in respect of the property bearing no. D-1/4, Janakpuri, New Delhi-110058 (`suit property).
14. It is the case of the Plaintiff that her father is the sole owner of this property and had vide a Registered Will dated 11th January, 1999 bequeathed the said property in her favour.
15. It is also the ease of the Plaintiff that in a collusive manner Defendant No. 3 i.e., Mr. Balkaran Khosa- her cousin brother has sold the property to Defendant No.1- M/s. I.P. Foundation, for a sum- of Rs.7 crores vide sale deed dated 23rd November, 2023 while the market value of this property is more than Rs. 22 crores.
16. It is the Plaintiffs ease that she is the only child of her father and she and her husband have taken care of the father through various medical exigencies and hence the sale of the property without informing her was quite surprising and contrary to the intention of the father. In fact, it is her case that even the consideration has not been received by the Plaintiffs father in his bank account. Hence the prayer for declaration and injunction.
17. On 15th January, 2024, the father of the Plaintiff-Mr. Dilbagh Singh Khosa had appeared and in order to ascertain his version as also to assess the extent of his comprehension the Court, considering the allegations in the Plaint and his age, his statement was recorded under Order X and the said statement reads as under:-
I am 86 years old. I reside at G-248, Sector-I, Gurugram, Haryana. I have only one child i.e. my daughter Bobin Khosa, now known as Bobin Dhull after her marriage. She has two children i..e one daughter, who is known as Sweety. I do not know her real name and one son namely Vijay Ratan Dhull, who is also known as Arjun Dhull. I recognize my son-in-law, who is present in Court.
I state that I used to work with Life Insurance Company (LIC) as a Senior Branch Manager. I was initially the Development Officer in Cantonment Branch and there were 10 Development Officers, out of whom I was a leading Development Officer.
My son-in-law was working in Gramin Bank and there were allegations against him due to which he was, in fact, been in jail. He has been released on bail by the Punjab & Haryana High Court.
My only wife is Mrs. Ajaib Kaur. She belongs to a village by the name Mehna in District Moga, Punjab.
I had only one brother i.e., Mr. Balbir Singh Khosa and I do not have any sisters. My brother was almost 20 years older than me. My sister-in-law (bhabi) Mrs. Prem Bala Khosa is 101 years old and she is still alive. Mr. Balkaran Khosa is my nephew (bhatija), who is the son of my brother.
I recognize my signature in the Will dated 11th January, 1999 at point A, B and C.
Mr. Yadvinder Singh, who has signed as the first witness and who is my son in law.
Mr. Balbir Singh Sohag, the other witness is the husband of Mr. Yadvinders sister (jija), who has now expired.
This Will was signed by me on 11th January, 1999. I recognize my signatures on the copy of the Will at points A, B, C. I was advised not to get the property converted into freehold. At the time when I executed the Will, there was no necessity to submit the Will to the Delhi Development Authority (DDA). However, at the time when I wanted to convert the property into freehold, I submitted the documents to the DDA.
I was fed up with the traffic on the road in front of my house, which used to be more than 2 kms long and therefore decided to sell it.
I sold the property to one Mr. Lalit for Rs.7 crores. This is a self acquired property and I purchased the same from the bonus collected from time to time from LIC during my tenure with them as Development Officer. I cancelled my Will almost 20 years ago due to the misbehaviour of my son-in-law.
[The father of the Plaintiff is confronted with the original cancellation of Will dated 9th April, 2001, however, he is unable to recognize the said document on the ground that he has not brought his spectacles.]
I have bought a new house at G-248, Sector-I, Gurugram, Haryana. This house, which I have purchased, will go to my daughter i.e. Plaintiff herein. I bought this property for the sum of Rs.4 crores. I have kept the remaining Rs.3 crores in my bank account, which is a joint account of me and my wife, however, I do not wish to disclose the details of the same for my own safety and security. I have created Fixed Deposits (FDs). The nominee of both the fixed deposit and my account is the Plaintiff i.e., my daughter. After the demise of me and my wife, the said amount will go to my daughter Bobin.
[Copy of the sale deed dated 23rd November, 2023 has been put to the father of the Plaintiff.]
I recognize my signatures on the sale deed dated 23rd November, 2023.
[Copy of the same is taken on record].
I recognize my signatures on the sale deed dated 23rd November, 2023 at points D to N.
My nephew has not helped me in the sale of this property.
I knew Mr. Lalit Aggarwal because he lives across my house. I also knew his uncle (Mamaji) very well who was working in the Ministry of External Affairs. He hailed from Patiala and I was posted in Patiala in 1989. Accordingly, I had relations with him for several years.
18. After recording his statement, the documents which were handed over during the recording of the statement were taken on record. The Court, thereafter, observed as under:-
9. As per the above statement, the Plaintiffs father stands by the sale that he has made in favour of Defendant No.1. He also states that he has purchased another property out of the sale consideration which he has received. The said property would go to his daughter after his demise. He states that in the Fixed deposits he has created from the sale consideration, his daughter is the Nominee.
10. Ld. Sr. Counsel appearing for the Plaintiff submits that according to the Plaintiff, the Defendant No.2- Ms. Ajaib Kaur is her step mother and she had lost her biological mother when she was of a very young age. This position is disputed by the Plaintiffs father.
11. The Plaintiff is, accordingly, directed to remain present in Court on the next date of hearing for recording of her statement. The Court would, thereafter hear submissions on the application under Order XXXIX Rule 1 and 2 CPC.
12. Insofar as the Delhi Development Authority (hereinafter, DDA) is concerned, the DDA shall place on record a short affidavit giving the actual status of the property and whether the Will dated 11th January, 1999 was placed by the father of the Plaintiff with the DDA and any other documents which may have been filed by him.
13. Insofar as the Defendant No.6-Sub-Registrar is concerned, Mr. Anupam Srivastava, ld. Counsel submits that the said authority need not be made a party in the suit as the Sub-Registrar would have to abide by whatever orders passed by this Court. However, the said prayer for deletion shall be considered after the Sub-Registrar place on record the following:
i. The video footage of the registration process of the sale deed dated 23rd November, 2023 in favour of defendant no.1.
ii. Similar sale deeds which may have been executed in respect of other similar properties in the locality and the sale consideration in the said sale deeds within a period of one year before the execution of sale deed dated 23rd November, 2023 in order to enable the Court to arrive at a conclusion as to whether the consideration of Rs.7 crores is matching with the prevalent market rates or not.
19. Pursuant to this order, the Sub-Registrar, who was directed to file the video footage, filed an affidavit dated 30th January, 2024 which had the photographs, etc., on the sale deed. Further, in terms of the status report dated 31st January, 2024, the MCD also issued work-stop letters, and all activities at the site were stopped. The mother of the Plaintiff, Mrs. Ajaib Kaur, was present on 14th February, 2024, and her statement was also recorded, which reads as follows:-
I have three children, two daughters and a son. I have given one daughter and one son in adoption to my sister-in-law (Jethani) who did not have any children. The Plaintiff is my youngest daughter, her name is BOBIN DHULL and I call her babu. She used to live with me, now she lives in Hisar with her husband. She was married on 4th October, 1998. My son-in-law used to work in a Bank. However, from 2014 onwards, it appears that he lost his job. She has two children, an elder daughter and a younger son. I used to visit my daughter and we used to meet before. However, four to five months after her marriage, there has been a dispute between us and my son-in-law, and he has not treated me well.
I had invited my daughter and son-in-law to the new house, however, my son-in-law was abusive, so I got a police complaint lodged in this regard. I also place on record certain family photographs to show that I am not the stepmother.
I have given more than thirty to thirty five tolas of gold but my son-in-law has never allowed my daughter to enjoy the same. I do not want to be involved in this litigation in any manner. We have sold the property for Rs.7 crore and we have purchased a home for ourselves. The remaining money shall again be invested in a property which we would be bequeathing to the daughter. She can enjoy the property during her lifetime but we do not wish our son-in-law to sell or dispose of the property.
20. Para 8 of the said order dated 14th February, 2024 also reads as under:-
8. As per the above statement, the Plaintiffs mother states that they have purchased another property out of the sale consideration which they have received. The said property would be bequeathed to her daughter with the condition that her son-in-law does not sell the property.
21. On the said date, it was again reiterated that the Plaintiff has to appear before the Court. The Plaintiff then appeared on 22nd March, 2024. On the said date, it was recorded as under:-
2. Vide order dated 14th February, 2024, the Court had recorded the statement of the Defendant No.2- Mrs. Ajaib Kaur, who is the mother and directed the Plaintiff to be present in Court.
3. Today, the Plaintiff is physically present. The Court has interacted with the Plaintiff- Mrs. Bobin Dhull. She speaks in English but is not fully clear in her speech. Clearly the impression that the Court gets is that she cannot fully comprehend everything as her medical condition does not appear to be satisfactory. She was asked to sign on a sheet of paper for identification of her signatures, which was done and the same is exhibited as exhibit P-1. She has signed at point A. Her statement is paraphrased below:
She has two children. Daughter is 18 years old and her son is 14 years old. She has recognised the mother, who is present in Court and states that she is the step mother. According to her, her real mother is Mrs. Suzanne Balu Khosa and the lady present in Court is her step mother. She states that the stepmother, who is present in Court is Mrs. Ajaib Kaur. On being asked who lives in Janakpuri, she states that initially, we stayed in Hissar, but now I came to my sisters house in U.P. My parents Mr. Dilbagh Singh Khosa and Mrs. Ajaib Singh lives in Janakpuri. On being questioned Who asked you to file this case? She answers-P.J. Methais, SHO PS Civil Line. She further stated that the Defendants are only capitalising out of the situation.
4. On being queried as to what is the case she has filed in the Court, her answer is not clear to the Court, though the said question has been put repeatedly to the Plaintiff.
5. The Plaintiff is discharged.
22. As can be seen from the above statements recorded, of the Plaintiff and her parents, the Plaintiff is barely able to comprehend the events that are transpiring. She appears to be clearly under the influence of her husband and is also disputing the identity of her mother. On the other hand, the mother and father have appeared, and the father has been able to clearly satisfy the Court that the sale he conducted was done with his full knowledge and in a conscious state of mind.
23. In view thereof, the Defendants who have purchased the property from the father who is the owner of the property, cannot be prevented from undertaking further construction in the suit property. Let the Defendants continue construction in the property. Construction on the suit property shall be done strictly in accordance with the bye-laws and the sanctioned plans. However, they shall not sell any portion of the property without the permission of this Court.
24. Insofar as the Sub-Registrars Office is concerned, Mr. Srivastava, ld. Counsel submits that no video recording exists of the registration of the sale deed, as that is not the prescribed procedure. The Sub-Registrar shall however place on record the entire record available with them, in respect to the suit property including the sale which is under question. The affidavit filed by the Defendant No. 6-Sub-Registrar is taken on record and if any further documents or records are to be summoned, the Plaintiff is free to take steps in accordance with law.
25. The Defendants, who purchased the suit property shall produce the original sale deed on the next date of hearing. If any further records are required, the same shall be summoned from the Sub-Registrars Office.
26. The original sale deed shall be filed in the Court itself by 10th July, 2024. It is directed that the MCD shall ensure the same. MCD is, therefore, deleted from the array of parties. Let the amended memo of parties be filed within a week.
27. List before the Joint Registrar for completion of pleadings on 2nd August, 2024.
28. List before the Court on 4th October, 2024.
PRATHIBA M. SINGH
JUDGE
MAY 21, 2024
mr/dn
CS(OS) 37/2024 Page 2 of 2