IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A. NO._____/2013

IN

CS(OS) NO. 1213/1988

IN THE MATTER OF

MAJOR NARENDER SINGH AND ANR ….PLAINTIFF

VERSUS

SH. JAGMOHAN SINGH AND ANR ….DEFENDANT

INDEX

Sl. Particulars C.Fee Pages

no
1. Urgent Application A

2. Memo of parties B

3. Application Under Section 151 CPC

along with accompanying affidavit.

4. Annexure A
Valuation Report Dated
18.01.2013
5. Vakalatnama

Delhi Applicant

Through

Dated Sanjay Suri

Counsel

Chamber no.188, Block II

Lawyers Chamber, Delhi
High Court, Delhi

Mobile no. 9212165655

IN THE HIGH COURT OF DELHI AT NEW DELHI
I.A. NO._____/2013

IN

CS(OS) NO. 1213/1988

IN THE MATTER OF

MAJOR NARENDER SINGH AND ANR ….PLAINTIFF

VERSUS

SH. JAGMOHAN SINGH AND ANR ….DEFENDANT

To
The Addl. Registrar,

High Court of Delhi

New Delhi

URGENT APPLICATION
Sir,

1. Will you kindly treat the accompanying petition as

an urgent one in accordance with the provisions of
Rule 9, Chapter 3-A, Rules and Order High Court,
Vol. V.

2. The grounds of urgency are that relief of

possession has been prayed for.

Delhi Applicant

Through

Dated Sanjay Suri

Counsel

Chamber no.188, Block II

Lawyers Chamber, Delhi
High Court, Delhi

Mobile no. 9212165655

IN THE HIGH COURT OF DELHI AT NEW DELHI
I.A. NO._____/2013

IN

CS(OS) NO. 1213/1988

IN THE MATTER OF

MAJOR NARENDER SINGH AND ANR ….PLAINTIFF

VERSUS

SH. JAGMOHAN SINGH AND ANR ….DEFENDANT

APPLICATION UNDER SECTION 151 CPC FOR

RELEASE/HANDING OVER THE VACANT
PEACEFUL POSSESSION OF THE PORTION NO. I
OF THE SUIT PROPERTY BEARING NO. J-3/194,
RAJOURI GARDEN, NEW DELHI.

The applicant most respectfully showeth:

1. That the plaintiff in the aforesaid captioned matter had

filed the present suit for partition of the property bearing

no. J-3/194, Rajouri Garden, New Delhi.

2. That the Hon’ble Court on 18.04.1991 was pleased to

pass a preliminary decree thereby partitioning the suit

property into four equal shares holding that each f the

parties shall be the owner of 1/4th share of the property

comprising of plot and the superstructure standing there

upon on the plot bearing Municipal No. J-3/194, Rajouri

Garden, New Delhi.

3. That vide orders dated 03.09.1998 the Hon’ble Court

was further pleased to appoint Sh. H.D. Talwani

Advocate as the Local Commissioner for handing over

the vacant peaceful possession which was allocated to

the respective parties in the draw of lots held on

18.04.1992. Accordingly the Ld. Local commissioner on

19.09.1998 handed over the vacant physical possession

of Portion no. IV, Portion no. III and Portion no. II to

Major Narender Singh(Plaintiff No. 1), Smt Jginder

Kaur(Defendant No. 2) and Sh. Jagmohan

Singh(Defendant No. 1) respectively.

4. That however since Sh. Mohinder Singh Kanwar ie the

Plaintiff no. 2 was not present on 19.09.1998, therefore

the possession could not be delivered to the plaintiff no.

2 on the said date and the Ld. Local Commissioner

submitted his report dated 21.09.1998 confirming this

fact with an observation that Sh. Mohinder Singh shall

be at liberty to take over the possession from the

Hon’ble court as and when he so desires. That it was

also recorded in the said report that since there were

tenants in this Portion No. I therefore even otherwise

only a notional possession of Portion No. I was to be

handed over to the said Plaintiff No. 2 Sh. Mohinder

Singh Kanwar.

5. That thereafter the Hon’ble court was further pleased to

dispose off the present suit on 15.12.2000 with the

 direction to draw up a final decree of partition in terms

of the preliminary decree dated 18.04.1991.

6. That thereafter the said Sh. Mohinder Singh expired on

20.09.2007. That the wife of Sh. Mohinder Singh namely

Smt. Shanti Devi had also expired 30 years back.

7. That Late Sh. Mohinder Singh was therefore survived by

his two sons namely sh. Paramjit Singh Kanwar and Sh.

Surinder Singh Kanwar who were his only surviving class

I Legal Heirs who therefore acquired the ownership

rights over the allocated/demarcated Portion no. I of the

afore stated suit property upon the demise of plaintiff

No. 2 Sh. Mohinde Singh Kanwar.

8. That the afore stated two sons have further

sold,conveyed and transferred their ownership rights in

the afore stated allocated/demarcated Portion no. I out

of the suit property bearing no. J-3/194, Rajouri Garden,

New Delhi onto the applicant namely Sh. Kawal Kumar

Kochhar vide sale dated 22nd July 2008 duly registered

at registration no. 17396 in book no. 1 Vol. No. 16255

on pages 171-184 on dated 22.07.2008 in the office of

sub-registrar Jankapuri, New Delhi.

9. That the applicant thus having stepped into the shoes of

Late Sh. Mohinder Singh Kanwar, Plaintiff No. 2 and

having acquired ownership rights in respect of aforesaid

Portion No. I is therefore entitled to maintain the

 present application for seeking the release and handing

over the vacant peaceful possession of the Portion no. I

of the suit property bearing no. J-3/194, Rajouri Garden,

New Delhi.

10. That it wont be out of place to mention here that

the applicant was one of the tenants of Shop No. 1 out

of the above said demarcated Portion No. I and has

therefore remained in actual physical possession of the

said shop no. 1 from the date of execution of the sale

deed dated 22.07.2008 whereas the applicant was also

delivered the notional/symbolic possession of the

remaining shop no. 2 out of the remaining area of the

Portion No. 1. That however in the meantime the tenant

of the shop no. 2 has also vacated the shop which as on

today is lying vacant.

11. That an application was preferred before this

Hon’ble Court which was dismissed with liberty to revive

the same after drawing up of the final decree on the

requisite non-judicial stamp paper in accordance with

law vide order dated 17.12.2012 by Hon’ble Justice Sh.

Valmiki J Mehta J..

12. That the applicant has got evaluated the aforesaid

property purchased by the applicant. The valuation

report is appended for your kind perusal as Annexure

A.
 13. That the applicant is willing to deposit the requisite

non judicial stamp paper in accordance with law for

preparation of the final decree on the requisite stamp

paper.

PRAYER

It is therefore most respectfully prayed that the Hon’ble

Court in the aforesaid facts and circumstances of the

case may kindly be pleased to:

(i) Pass an order for appointing a Local

Commissioner to officially hand over the vacant

peaceful possession of the entire demarcated

portion No. I of the suit property bearing no. J-

3/194, Rajouri Garden, New Delhi.

(ii) Pass any other orders which this Hon’ble

court deems fit and proper in the facts and

circumstances of the present case.

Delhi Applicant

Through

Dated Sanjay Suri

Counsel
Chamber no.188, Block II
Lawyers Chamber, Delhi
High Court, Delhi
Mobile no. 9212165655
IN THE HIGH COURT OF DELHI AT NEW DELHI
I.A. NO._____/2013

IN

CS(OS) NO. 1213/1988

IN THE MATTER OF

MAJOR NARENDER SINGH AND ANR ….PLAINTIFF

VERSUS

SH. JAGMOHAN SINGH AND ANR ….DEFENDANT

AFFIDAVIT
I Kawal Kumar Kchhar S/O Late Sh. M.L. Kochhar aged 61yrs
R/O BA/66 B Janakpuri, New Delhi do hereby solemnly affirm
and declare as under

1. That the deponent is the applicant in the above

mentioned case and is fully conversant with the facts of
the above said application.

2. That the accompanying application under section 151

CPC have been drafter under my instructions and the
facts stated in the above mentioned application are true
and correct to the best of my knowledge.

3. That the contents of the above application have been

read over to m in vernacular.

DEPONENT

Verification

Verified at New Delhi on this ___ day of 2013. That the

facts stated in the above affidavit are true and correct to
the best of my knowledge and belief.

DEPONENT