NAWAL KISHORE MAHETA Vs. SHASHI BANSAL

JUDGEMENT

(1.) This regular second appeal is filed by the appellant against the judgment of the first appellate court dated 1.2.2011 whereby the suit of the appellant-plaintiff has been dismissed as being barred by limitation.

(2.) The following substantial question of law was framed by this Court on 21.2.2013:-

(3.) Appellant-plaintiff filed a suit for declaration, injunction, recovery of arrears of rent of Rs.93,960/- etc on the ground that the original owner of the property being Flat No. BH-610C, Shalimar Bagh, Delhi was one Sh. Ram Sarup who sold the same to Sh. Kewal Krishan Kamboj and who further sold the property to the appellant-plaintiff-Nawal Kishore Mehta in terms of the documentation dated 2.6.1998. Notice of attornment was pleaded to be sent to the respondent-defendant. Appellant/plaintiff further pleaded that the respondent-defendant relied upon forged and fabricated documents claiming purchase of rights in the suit property on 12.11.1994, and that these documents have been found to be forged and fabricated documents in the earlier proceedings before the Additional Rent Controller titled as Shri Naval Mehta Vs. Smt. Babli @ Smt. Shashi Bansal bearing case no. E- 155/2004/2001. Though the eviction petition before the Additional Rent Controller was dismissed, however, the issue with respect to forgery of the documentation dated 12.11.1994 claimed by the respondent-defendant became final only on passing of the judgment on 20.3.2007. It is thus argued by the appellant/plaintiff that the subject suit was accordingly filed within a period of three years from 20.3.2007 i.e on 14.11.2008 and is not time-barred.