- (1.)This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") for quashing the Notice dtd. 8/9/2021, issued by the SDM, Hauz Khas, South District, New Delhi in case titled Raj Narayan Singh v. Jitendra Kumar Sardana and Anr., and for setting aside of the proceedings emanating from the said Notice.
(2.)The petitioner states that he is engaged in the business of real estate. The facts as pleaded by the petitioner are that property bearing bearing No. S-94, Panchsheel Park, New Delhi, measuring 499 square yards was leased by the Delhi Development Authority (for short, "DDA") to late Sh. Surender Kumar Sardana, vide Lease Deed dtd. 8/12/1967, who died on 5/4/2011, leaving behind his siblings, namely, Jitender Sardana (since deceased) respondent no. 3 herein, Sushma Diwan, Sushila Arora (since deceased) and Pushpa Mendiratta, as his legal heirs.
(3.)While the respondent no.3 approached the DDA on 2/8/2011 for mutation of the property in favour of the surviving legal heirs of Sh. Surender Kumar Sardana, a complaint was filed by the respondent No.2 claiming to have purchased the property from Sh. Surender Kumar Sardana and being in possession of all original documents. The DDA vide letter dated 18 th November, 2011 intimated the respondent No.3 that no action could be taken because of the said complaint. The respondent no.3 filed a police complaint alleging that the original documents had been stolen by a servant.