Chander Wati v. Babita & Ors.
Case brief
What is this about?
The court, in an ex parte proceeding where defendants failed to appear, decreed a suit for partition of a re-developed property. It declared the plaintiff as the exclusive owner of specific floors and granted a permanent injunction against the transferor-defendant from creating third-party interests.
What did the court decide?
Declaratory relief establishing exclusive ownership of specific floors and permanent injunction restraining creation of third-party interests; order for endorsement on registered sale deed instead of
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CS(OS) 996/2015 & IA No.7504/2015 (u/O XXXIX R-1&2 CPC) CHANDER WATI ..... Plaintiff
Through: Mr. Shiv Charan Garg & Mr. Imran Khan, Advs.
versus
BABITA & ORS ..... Defendants
Through: None.
CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R % 18.07.2016
- The plaintiff has sued for a) declaration to the effect that the plaintiff is the exclusive owner of upper ground floor and first floor of property No.931-932, Punjabi Mohalla, Subzi Mandi, Delhi-110 007; b) permanent injunction restraining the defendant no.2 Smt. Madhu from creating any third party interest in undivided 25% share i.e. 1/4th undivided share of the entire property No.931-932, Punjabi Mohalla, Subzi Mandi, Delhi-110 007; and, c) mandatory injunction directing the Sub-Registrar, Kashmere Gate, Delhi-110 006 to modify the sale deed dated 29th August, 2014 registered as document No.7786, Book No.1, Vol. No.5459, on pages 95 to 106 on 29th August, 2014 in terms of the decree for declaration.
Issues for consideration
3 issues framed by the court
Whether the plaintiff is entitled to a declaration as the exclusive owner of the upper ground and first floors based on evidence of oral partition following redevelopment.
Whether a permanent injunction should be granted to restrain the defendant from creating third-party interests in portions of the property.
Whether rectification of the sale deed is necessary or if an endorsement suffices to protect the decree's effect.
Parties & counsel
- petitioner
Chander Wati
- respondent
Babita
- respondent
Madhu
- respondent
Premwati
Coram
Case details
As recorded by the court registry
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