COMPLAINT CASE NO          OF 2017

In the matter of: -
Sh. Subhash Chandra                                        …… Complainant
Sh. Rameshwar Yadav @ R. S. Yadav & Others                   ……Respondents/Accused


The applicant above named most respectfully showeth: -
1.           That the above-mentioned matter has been filed by the Complainant/ Applicant against accused and the said complaint discloses a clear-cut case under section 3 of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act 1989 read with 120B I.P.C. The Applicant prays that the facts contained in the said complaint may kindly be treated as part of the application.

2.           That the applicant submits that the offences involved in the said complaint are such that in view of the prima facie material on record the direction for investigation by the police and lodging of FIR should be passed in the interest of justice. It will save the precious time of this Hon'ble Court.

It is, therefore, prayed that the SHO - P. S. Govind Puri, New Delhi-110019.  may kindly be directed to investigate the complaint of the complainant and lodge an FIR.

New Delhi
February  21th 2017

New Delhi 



In the matter of: -
Shri SUBHASH CHANDRA GUPTA.                                     …… Complainant
Shri RAMESHWER YADAV @ R. S. YADAV & Others                    ……Respondents/Accused
In the matter of: -
Sh. SUBHASAH CHANDRA GUPTA                            …… Complainant
S/o.  Late Sh. Om Prakash Gupta,
R/o. TA-105, Tuglakabad Extension, Kalkaji, New Delhi 110019.
Also at:
R/o. TA-171/1, Tuglakabad Extention, Kalkaji, New Delhi 110019.

1.     Shri NAGARMAL YADAV & RAMESHWAR YADAV @ R. S. Yadav    …Respondents/Accused
S/o. Sh. Dhanna Ram Yadav (Involve-TA-105 &TA171/1,)
R/o. 301, Rajdhani Apartment,
Opp. Main Gate Shanti Van, Teleti,
Abu Road, Distt. Sirohi, Rajasthan.

2.     NAGARMAL YADAV, (Involvment in my two properties sales of Nagarmal Yadav sale on  shri Virender Singh Bhidhuri S/o. Shri Ram Phool Village Tughlakabad New Delhi.                      (1st  property Rs. 12-Lakh TA-105,110 sq.yds.  & 2nd   PROPERTY Rs.23-LAKH TA-171/1, 160 sq. yds.) on Receipt dated 22.07.1995.
S/o.  Sh. Dhanna Ram Yadav (Involve                                                    C/o. Rameshwar Yaday
R/o. 301, Rajdhani Appartment,
Opp. Main Gate Shanti Van, Teleti,
Abu Road, Distt. Sirohi, Rajasthan.

3.     SMT. USHA YADAV, (TA-!05 & TA-171/1)
W/o. Sh. Rameshwar Yadav,
R/o 301, Rajdhani Apartment,
Opp. Main Gate Shanti Van, Teleti,
Abu Road, Distt. Sirohi, Rajasthan.                                                  .                                                                         
4.     Smt. URMILA YADAV  Real Sister Rameshwar Yadav & Nagarmal Yadav  
W/o.  Sh. Shiv Ram,   (Involve TA-105,)                                                    C/o. Rameshwar Yadav
R/o 301, Rajdhani Apartment,
Opp. Main Gate Shanti Van, Telehti
Abu Road, Distt. Sirohi, Rajasthan.

5.     MAHINDER KUMAR JAISWAL , (Involve TA-105 & TA-171/1,)
S/o Sh. Shym Lal JAISWAL
R/o. TA- 337/5, Tuglakabad Extension, New Delhi-110019.

6.     RAM KISHAN YADAV @ R. K. YADAV,  (Involve TA-105, & TA-171/1,)
S/o. Sh. Deep Chand Yadav
R/o 161/17, Amrit Puri -B, 
Garhi, East of Kailash, New Delhi-110065.

7.     WALSA CHANDRA  (involve TA-105 & TA171/1,)
W/o  Sh. Chander Kurup Chandran,
J-!/88, DDA Flats, Kalkaji, New Delhi-110019.

8.     SATYA PAL SINGH, (Involvments TA-105, & TA-171/1,)
S/o. Lae Sh. Baldev Singh Ikrarnama 30. March 1992 & PDN- 28.12.1991 & 30.12.1991 & Bills Kartar Ciment Stor
R/o. 34-A, III Floor, Kalkaji New Delhi-110019.

9.     RAM PRAKASH,  (Involve TA-105,)
S/o. Sh. Shri Mahi Ram
R/o 40/12, DDA Flats, Sarojini Nagar, New Delhi-110 023.

10. RAM KISHAN s/o. sh. Sh. Prem Das                                        Bills M/S. YADAV DÉCOR- & LEAS DEEd Dtated 21.06.1993 .(Real Brother-in-Low) Rameswar Yadav & Nagarmal Yadav
S/o. Sh. Prem Das,   (Involve TA-171/1,)
Village: Kansli, Via - Kothpuli,
District.- Jaipur, Rajasthan                                                                                                                                       
11. YAS PAL DHAWAN (Famlly Frend) Witness with-Signature on PDN. 28.12.1991. & 30,12,1991. ,& CS(OS) 2496/1994. (Affidevite & (Cross Examine)  Rameshwar Yadav in pera no 8 and examination dt.  26-04-2007)                                                                                 No - S/o.                                                                                              No – Adress R/o.
12. Ishwri Devi W/o Late Shri Ram Phal
13. Dushyant   S/o Late Shri Ram Phal
14. Secretary L. G. of Delhi
15. M. C. D. S.D. Lajpat Nagar Delhi
16. Sub-Registrars of Meharouli Delhi
17. DESU/BSES. G.K.-II, South New Delhi                                                                                                                           


The Complainant named above most respectfully submits as under:
1.                  That the Complainant is the victim of the evil design and under their wicked game plan has tempered and fabricated All documents to grab the property dishonestly, bearing the property No-TA-171/1, Tughlakabad Extn. Kalkaji, admeasuring 155, Sq. Yds. and at TA-105, Tughlakabad Extn. Kalkaji, New Delhi-110019. Admeasuring-110, Sq. Yds.
(My Father Late Shri Om Prakash Gupta S/o. Late Shri Ulfat Ram Gupta-Expire-on-Dated-24.02.2008.                                                My Mother Late Smt. Somwati W/o. Late Shri Om Prakash Gupta -Expire-on-Dated-24.04.2008.                                                                                          My Mother Smt. Somwati Owner’s, Both Two Properties of the Same Area  on 1st Property No. TA-105, Area 110 Sq. Yds.   Smt. And 2nd property TA-171/1, Tughlakabad Extn., Kalkaji, New Delhi-110019.                                                                              Smt. Somwati owner of two property Since-1st -14.02.1980.  to  dt. 24.04.2008. &  on  2nd   The Property No. TA-171/1, Area 155, Sq. Yds. Since 23.09.1988. to dt.24.04.2008.
                                                                                                   (Not any PROPERTES  no Sale of 1st Property no.  TA-105 and 2nd PROPERTY no. TA-171/1, area 155 sq. yds. on dated 23.09.1988.   on  no sale ANY  property Life Time of  Smt. Somwati W/o. Late Shri Om Prakash Gupta & My Mother Smt. Somwati Expire on Dated-24.04.2008.
                                                                                                      Smt. Somwati Parched 1st Property No. TA-105, Tugalakabad Extn. Area 110, Sq. Yds. on Dated-14.02.1980.                          Smt. Somwati  Parched  of TA-105, Tughlakabad Extn..  Ram Piari Sharma W/o. Shri Mohan Lal Shrma in between Property Sale for Name of  Smt. Somwati of Property No. TA-105, Tughlakabad Extn., New Delhi. Area 110.Sq. Yds. on Dated-14.02.1980.
                                                                                                     My Fadher Shri Om Prakash Gupta 2nd Property NO. TA-171/1, Area 155, Sq. Yds. on dt. 23.09.1988. Transfer of Name Smt. Somwati W/o. Shri Om Prakash Gupta
  My Mother Smt Somwati Owner on dt.23.09.1988 to 24.04.2008. &  The 2st Property No. TA-171/1, Tuglakabad Extn., Total Area-155, Sq. Yds. Smt Somwati  and Shri Om Prakash Gupta S/o. Late Shri Ulfat Ram Gupta for Name of Smt. Somwati on Dated-23.09.1988.
                                                                                                    Property No. TA-171/1, Tughlakabad Extn., New Delhi                                                                                  My Mother Smt. Somwati Owner of TA-105, Tughlakabad Extn., Total Area 110. Sq.Yds. and Not Sale Property Property No. TA-105, My Mother  and My Father.  Mother Smt. Somwati & My Father Shri Om Prakash Gupta No Signature of any Documents & Site Plan on Dated 20.10,92.  And  No My Mother Smt. Somwati of TI-Mark of LTI & RTI All any Documents with Site Plan-30. Sq. Yds. Out of 110. Sq. Yds. on Dated 20.10.92.  And  My Mother & My Father No TI Mark & No Signature of all any Documents Dated-20.10.1992.  And  1st Suit File- CS No. 1018/1994. On dt.25.10.94. Title    Nagarmal V/s Somwati  of Decree Against Smt. Somwati on Dated-28.02.2002.   Shri S. K. Sarvaria ADJ Tis Hazari Court Delhi.
                                                                                                      1st Shri Nagarmal Yadav S/o. Shri Dhanna Ram Yadav Agreement To Sale And Parched Dated-20.10.1992.
2nd No. Receipt on Dated-20.10.1992.  
3rd No. Site Plan on Dated-20.10.1992
All Documents of TA-105, Area 68 Sq. Yds. Out of 110 Sq. Yds. on Dated 20.10.1992. & Not. Signature of Shri Om Prakash Gupta  & Not. TI Mark’s of LTI & RTI of Smt Somwati any all Documents & with Site Plan Area 30.Sq. Yds. Out of 110 Sq. Yds. & all Documents on Dated-20.10.92.,
 Not.  Shri Om Prakash Gupta of Any Signature’s & Not. Smt. Somwati Any TI Mark’s of  RTI & LTI  of Smt.Somwati on Dated 20.10.92. Property TA-105, TKD Extn.
                                                                                                   Nagarmal Yadav with Rameshwar Yadav of Sowing Smt. Somwati TI Mark’s on LTI  all Documents on dt.20.10.1992. & Forgery in Site Plan 40 Sq. Yds Out of 110.sq.yds. Create Site Plan any Others Sources of Site Plan in Mark’s 40 to Mark-30-Forads Create.,
Smt. Somwati  of TI Mark’s of  RTI & LTI., TA-105 Area 68 Sq. Yds. out of 110 Sq. Yds.  on Dt. 20.10.92.  & TA-171/1, Area 160 Sq. Yds. on dt. 17.02.93.

 Range Feegger, (TA-105, Area 40. Sq. Yds. Out of 110. Sq. Yds. &  Site Plan -to-30. Sq. Yds.).   My Site-Plan 40. Sq. yds. All Ready TI of RTI on Somwati & Signature in Hindi Om Prakash Gupta, in Site Plan on-40.Sq. Yds. out of 110. Sq. Yds. only,- Area 40. Sq. Yds. On  Create of Rang Figure 30. Sq. Yds. out 110. Sq. Yds.  on Dated 20.10.1992.
                                                                                                (Regd. GPA Sub-Registrar Delhi- TA-105, Area 45. Sq. Yds. Out of 110. Sq. Yds.  Nagarmal Yadav in faver of Rameshwar Yadav Dated-22.05.2002.
                                                                                                       Shri Nagarmal Yadav Advance Payments of Sale Receipt on Dated 22.07.1995.  My 1s t   Property No. TA-105, Tuga01lkabad Extn., Area of 110. Sq. Yds.  Rs. 12-Lakh. and My 2nd Property No. TA-171/1, Tuglakabad Extn., New Delhi Area of 155. Sq. Yds.Rs. 23 Lakh Agenst Both Properties Ricived  Mani Shri Virender Singh S/o. Ram Phal
                                                                                             whereby the accused No.-1. 1st  IKRARNAMA dated 30.03.1992 had given 2nd loan to the father of the complainant on 31.03.1992 at the different point of time i.e. plaintiff had borrowed 2.50 Lakhs without interest/ on rent in any manner, initially on dt.31.03.1992 and 3rd ALL 2nd PROPERTY NO. TA-171/1, Dated 23.09.1988, AREA 155,Sq. Yds. ALL PROPERTY DOCUMENTS OF DECEMBER 1992. DESU METER PROBLMCES RECIVED BUT NOT RETERNS MY ALL PROPERTY DOCUMENTS OF TA-171/1, and such further amounts as would be required by the parents of the plaintiff for the construction of building over the other plot No. TA-171/1, Tuglakabad Extn, admeasuring 155, Sq. Yds. Thereafter the parents of the plaintiff took loan of Rs. 1.24 Lakhs on different dates (Rs. 5,000/- on 10.08.1992; Rs. 10,000/- on 15.03.1993; Rs. 65,000/- on 04.05.1993; Rs. 50,000/- on 05.07.1993, the last received payments from the defendant Rameshwar Yadav) and did  not give Rs. 6,000/- as promised to give later on. Hence the loan amount under second phase was Rs. 1.24, lakhs and not 1.30, lakhs.
2.                  That against the said loan the parents of the complainant had mortgaged a godown of 40 Sq. Yds. Out of 110 Sq. Yds.  Part of the land of Plot No.- TA-105, admeasuring 110 Sq. Yds. This godown was used by the my parents of the complainant for storage of the goods/material used for the purpose of other property construction of house over my plot No. TA-171/1. The said loan was taken for construction of the building over Plot No. TA-171/1, and therefore to instill faith, the father of the complainant  gave a declaration in the form “IKRARNAMA” (Unregistered referred as “Shri Om Prakash Gupta (Kachchi Mortgage) Name of Shri Rameshwar Yadav -Godown 40 Sq. Yds. out of 110 Sq. Yds. Land Plot No.TA-105,” Month of March 1992, on certain terms and conditions. With the passage of time the accused No.-1. took the illiterate parents of the complainant into his confidence and therefore the accused No.-1. insisted to get the said “Kachchi Mortgage” registered and therefore the parents of the Complainant went to the office of the Sub-Registrar INA New Delhi, to get the same registered as “Pakki Mortgage” on 23.02.1993. But taking the benefit of the illiteracy of the parents of the complainant and the age being over 70 years, the accused No.-1. got signed/ thump impression on certain documents pre-typed and few pages in blank,  papers giving the understanding to the parents of the Complainant that all the documents GPA & WILL Dated 23.02.93 that the parents of the complainant signed are documents pertaining to the registration of the Godown Mortgage of the 40 sq. yds of the part of the land of plot No. TA-105 admeasuring 110 sq. yds, as “Pakki Mortgage Godown”. The affidavit filed in CCP No.-32/1993 in RFA No- 14/1989, annexed as-ANNEXURE-A/3,                                                                Stating all the state of affairs regarding the loan from the accused No.-1 herein for the purpose of construction of the house on plot No.-TA-171/1, admeasuring 155 Sq. Yds. and also stating the facts and circumstances in which the complainant had given on December 1992.  the all original documents Dated 23.09.1988. pertaining the property No. TA-171/1. All litigation be it dispute regarding 1st Property No. TA-105, Total All Area 110 Sq. Yds and 2nd Property No. TA-171/1, is the bye product of the said EXRARNAMA  30. March 1992.  The site plan of plot No TA-105, given in the form of lease to the accused No.-1, the said “EKRARNAMA  Month of March 1992 is annexed with the plaint as ANNEXURE-A/2 & A-3 respectively.
3.                  That, in course of the preparation of documents with regard to the said registration of the "Mortgage deed" the accused No.-1, Rameswar Yadav  being a property dealer was able to get “some" papers signed from the complainant, through fraud and deceit. The accused No.-1, Rameshwar Yadav got other set of papers signed from the father of the complainant.
4.                  The complainant, who had all the faith and confidence on the accused No.1, and believed that he could do no wrong, did not apply any caution and simply put his signatures wherever required by the accused No.1, and his men, at the Sub-Registrar’s office at INA, New Delhi.
5.                  That the said ‘EKRARNAMA’ (Kachchi Mortgage Deed) 1st plot No 1, TA-105, Tugulakabad Extn. Only 40 sq. yds. Out of 110 sq. yds. in original Documents has been filed first time in the court Oder Ms Pooja Gupta (C.J.) Saket Court on Dated-14.01.2013 in a suit pending Vide Suit No.178/2010 pending in the court of At Time Ms. Tanvi Khurana, Civil Judge, Saket Court New Delhi, titled as ‘Subhash Chandra Gupta Vs Rameshwar Yadav & Ors.
6.                  That from the naked eyes it is apparent that the place where the name of only Rameshwar Yadav is written there is a scratch, which can be sensed by rubbing finger’s on the, where the word ‘URMILA YADAV’ Un-Non Partion Name is written. On holding the paper (Document) against the light with an angle, it will be apparent that some other word was written on which the accused No.-4 Urmila Yadav Real Sister Rameshwar Yadav & Nagarmal Yadav is written. Infact the name of the accused No.-1, was written on it. Secondly, the accused No.-1, Rameshwar Yadav has deliberately made an over writing on the date. The date was infact Month of March 1992, over which the accused No.-1, in connivance with the other co-accused wrote 30.12.1991. Thirdly the place where the name of the two witnesses is appearing, the witnesses Sh. Ram Prakash at time case involments Smt. Somwati v/s. Hukam Shing in 1st Property No. TA-105, 1990, and Satya Pal Singh are the witnesses TA-105, ikrarnama 30.03.1992 forj/manipulate/cutting/420/flude/etc. SHRI RAMESHWAR YADAV ON RONG FIGER of name SMT. URMILA YADAV-dt.30.12.1991.  TA-171/1, M/s. Kartar Ciment Store & M/s Swetanag Enterprise Forj Bills & Affidefit and Croes Suit No. 2496/94 in Delhi High Court And Panding At Time in Cj-ARC Ms Narmita Agarwal Tis Hazari Court Delhi  with whom the father of the complainant was contesting a case. Fourthly, the Notary dates on which the witnesses signed & dates deferent’s on the ‘EKRARNAMA’ is on 30.12.1991 and other witnesses signed on the said ‘EKRARANAMA’ is undated.        
7.                  That against the said loan, the accused No.-1, Rameshwar Yadv on 23.02.1993, insisted to get the 40 sq. yds out of 110 sq. yds. in 1st plot No.- TA-105, to be registered  in his favour. Under the garb of his innocence and illiteracy got prepared a forged WILL & GPA of the entire 2nd property No.-TA-171/1, on 23.02.1993. The GPA was registered in favour of Accused No.-3, (Smt. Usha Yadav) W/o Rameshwar Yadav (Accused No.-1) and WILL (Registered) in favour of Accused No.-1 (Rameshwar Yadav) in reference to plot No.: TA-171/1, admeasuring 160 sq. yds (actual area is 155 sq. yds), and it bears the thump impression of Somwati and also bears the signature of Om Prakash Gupta. While other documents- Agreement to sell, possession letter, receipt, affidavit, indemnity bond etc. are unregistered/ notarized on 17.02.1993. The other documents - Agreement to sell, possession letter, receipt, affidavit, indemnity bond were signed earlier on dated 17.02.1993 and the WILL & GPA was signed  and got signed and registered But not Pay Fee Paid Sub Ragistrar and No 2nd Wittness Documents on dated  23.02.1993.     The photocopy of the GPA and WILL (both registered) and other Dated 17.02.93 All Documents NO THUM IMPERTION on SOMWATI & OM PRAKASH GUPTA Forje All   documents- Agreement to sell, possession letter, receipt, affidavit, indemnity bond etc. are unregistered/ Notarized are annexed as ANNEXURE-2 (Colly). 
8.                  That a Lease Deed was made by Accused No.-1 (Rameswar Yadav Lessor) in favour Ram Kishan Yadav @ R.K. Yadav Lessee  witnessed by accused No.-7 ( Walsa Chandran Rameshwer Yaday  ) House in Rented and accused No.-9 ( Ram Kishan, S/o. Prem Das -Rameshwar Yadav & Nagarmal Yaday Real sala-brother-in-law) on Dated 21.06.1993, on rent of the basement constructed over House No.- TA-171/1. The copy of lease deed dated 21.06.1993, But on (House Tress Passing) my house No. in inter TA-171/1, Tughlakabad Extn Polish Complant on Dated 26.10.93 Which is annexed as Annexure—3.
9.                 That the MCD Authority on 20.09.1993 issued a show cause notice was issued to the O.P. Gupta by MCD vide letter No: 376/B/VC/SZ/93, for demolition of the construction raised by Sh. O. P. Gupta on House No.-TA-171/1. An appeal against the show cause was filed before the Lieutenant Governor on 07.10.1993. The photocopy of the Show cause notice issued by MCD dated 20.09.1993, is annexed as ANNEXURE-4.
10.            That sometimes in the month of October, 1993 the defendant claimed to have in possession of registered WILL and General Power of Attorney executed by the mother of the plaintiff in favour of the defendant No.-1 in respect of property No.-TA-171/1, Tuglakabad Extension, New Delhi of the plaintiffs. Immediately the plaintiff sent a legal notice dated 18.10.1993 to the defendants cancelling the alleged WILL and the Power of Attorney dated 23.02.1993 purported by the plaintiff.
11.            That the defendant sent a reply to the legal notice dated 18.10.1993, on 22.10.1993. AND DATED 22.10. 1993, MY  REPLY NOTICE DATED 23.11.1993-INVOLMENT NOTICE DATES SUIT NO.23/1995, ON 13.01.1995. TAITLE SHRI R. S. YADAV V/S SMT. SOMWATI  to the counsel for the plaintiff herein alleging other facts regarding the property No.-TA-171/1, which was to the utter shock and surprise to the plaintiff’s parents, allegation, inter alia, in brief as are as under:
i)            Residence of defendants were shown as TA-171/1, Tughlakabad Extention, New Delhi.
ii)          Defendants are the owners of the said property No.-TA-171/1, Tighlakabad Extention,, New Delhi.
iii)        NOT SMT. SOMWATI ON T. I. OF RTI AND NOT LTI ON ALL DOCUMENTS DATED17.02.1993. AND NOT SINETURES OF SHRI OM PRAKASH GUPTA AND BUT SHRI RAMESHWAR YADAV AND SMT USHA YADAV ON ALL AFFIDFIT/REPLY/STATEMENTE/LEAS DEED DT. 21.06.1993/17.02.1993/CROESS IN JR/DHC 24/09/2010./avidance/ETC.  SHOW ATESTED WITNESS SHRI RAM KISHAN YADAV URF R. K. YADAV IN  1st FILE IN DHC. SUIT no. 2496/1994, ON 07.11.1994, TITLE OM PRAKASH GUPTA OTHERS V/S RAMESHWAR YADAV OTHERS AND 2nd FILE IN THC. SUIT no. 23/1995 on 13.01.1995. TAITLE R. S. YADAV V/S SMT SOMWATI.  ALL Vide an agreement to sell dt. 17/02/1993 entered into by the plaintiff No. 2 with the defendant No. 1, the plaintiff No. 2 have sold, transferred, conveyed   and aliena­ted all her ownership rights, title and interests, free from all encumbrances and charges in the said property No.TA-171/1,Tughlakabad Extension, New Delhi irrevocably and for valuable consideration to defendant No. 1.
iv)         At the time of the agreement to sell and execution of other possessory and ownership documents including will and registered General Power of Attorney, the plaintiffs received the entire sale consideration from the defendants and also handed over the possession of the entire property to defendants as owners thereof.
v)           The defendant No. 1 Sh. Rameshwar Yadav is the real owner of the entire presently constructed property No. TA-171/1, Tughlakabad Extn. New Delhi and has constructed the same subsequent to the agreement executed, sale made and the  possession handed over by the plaintiffs to the defendant No. l. The   defendant No. 1 has constructed the basement, ground, 1st & 2nd  Floors in the said property.
vi)         The Will and General Power of Attorney executed and registered by the plaintiff No. 2 in favour of defendants were part of the transferred documents executed  by the plaintiff No.-2/ Somwati.
vii)       The defendants after the execution of the said documents and payment of the entire sale consideration have paid another sum of Rs. 6,50,000/- to the plaintiff No.-1 who was also an attesting witness of all documents executed by the plaintiff No.-2 as an additional amount for the sale of the above said property and thus the defendants have already paid to the plaintiff a sum of Rs. 8,65,000/- apart from the amount of nearly 20 lakhs which has been spent in constructing the aforesaid property.
The copy of the Legal Notice Dated 18.10.93., reply Dated 22.10.92.  and the replication Dated…….to the legal notice is annexed as ANNEXURE-5 (Colly).
12.            That subsequent to the notice, reply and replication to the reply to the legal notice, the plaintiff was served another legal notice on 20.09.1994, through his counsel Sanjay Goswami on behalf of  accused No.-2, Nagarmal Yadav, brother of Rameshwar  Yadav. Reply to the legal notice was served upon the defendant No.-2
13.            That the defendants conspired and obtained signatures and thump impression and signatures from the mother and father of the plaintiff on a number of documents which they in a clandestine manner converted into documents pertaining to transfer of the property of the plaintiff in favour of the defendants.
14.            That the defendant No.-1 misguided the parents of the plaintiffs and under the treacherous and diabolic wicked game plan with apparel of pseudo regards to the parents of the plaintiff, got the documents pertaining to the plot No.- TA-171/1, for the purpose of obtaining the electricity connection. The electricity connection was obtained in the name of the mother of the plaintiff, but the defendant never returned the documents pertaining to the plot No. TA-171/1, despite repeated demands.
15.            That the plaintiff therefore filed a suit for cancellation of GPA & WILL dated 23.02.1993 on 07.11.1994, pertaining to the property No TA-171/1 admeasuring 155 sq. yds. before the Hon’ble High Court Of Delhi in Civil Suit (Original Suit) No.: 2496 of 1994 titled as “OM PRAKASH GUPTA & ORS. VS RAMESHWAR YADAV & ANR”,, which was decided on 25.03.2011 and thereafter filed review  RFA ( RFA No -) and SLP.
16.             That it may be noted that the accused forcibly entered into in the property which was still under construction constructed by the complainant i.e TA-171/1, only on 26.10.1993. A complaint was made against the accused persons on 26.10.1993. The copy of the complaint is annexed as ANNEXURE-6.
17.            That on 26.10.1993, the defendants forcibly criminally and wrongfully entered into the possession of the property bearing the property No. TA-171/1, Tuglakabad Extension, New Delhi except one hall on the ground floor in which the plaintiffs are living. While the construction over the plot No.-TA-171/1, was yet to be completed i.e. structure and the walls were completed and the finishing was yet to be completed, the defendants forcibly entered into the building on 26.10.1993, at its incomplete stage and occupied basement (shown in green color), two shops on the ground floor (shown in red color), first Floor (shown in pink color) and second Floor (shown in Yellow color). The ground floor (shown in blue color) is in possession of the plaintiff. It is submitted that the plaintiff alongwith his parents and family members were residing in the ground floor which is still in possession of the petitioner. A complaint against the defendant was made to the concerned police station. The site plan of Plot No.- TA-171/1 and the copy of complaint dated 26.10.1993 is annexed with the plaint as ANNEXURE-A/4 (Colly) and ANNEXURE-A/5.
18.             That the complaint dated 26.10.1993 addressed to the Police Commissioner was marked to DCP (Vigilance) for enquiry and prompt action till today no action has been taken by the police either against the defendants or against the erring police officers.
19.                             That the Plaintiffs, thereafter obtained the certified copies of the Will and General Power of Attorney from the office of the Sub-Registrar New Delhi.
20.                             That the plaintiffs then sent a rejoinder dt. 23/11/1993 through their advocate to the counsel for the defen­dants the copies of which were also sent to the defen­dants through Registered/AD Cover. The counsel of the defendants have received the same. However the Registered/AD Covers containing the rejoinder dt. 23/11/93 sent to the defendants were returned undelivered with the remark- “Out of Station".
21.                             That it is relevant to mention that during the construction of the building over the plot No.- TA-171/1,, the father of the plaintiff had written application for straighten the inclined pole over the said plot. As even today the portion of the building on one corner i.e. North-west, has been left unconstructed due to the inclined pole. The plaintiff would not hesitate if the local commissioner is appointed to ascertain the facts of the submission made herein. The copy of the application alongwith photography is annexed as ANNEXURE-A/6   (Colly).
22.                             The defendants have no right or interest in the property No. TA-171/1, Tughlakabad Extn. New Delhi. The plaintiffs are the absolute owners of the said property.  The defendants have nothing to do with the same.
23.                             That the defendants cheated and defrauded the plain­tiffs of their valuable rights in property No. TA-171/1, Tughlakabad Extension, New Delhi.
24.                             That no agreement to sell dt. 17/02/1993 or of any other date was ever entered into by the defendants with plaintiffs.   The plaintiffs have not sold, transferred, conveyed and alienated the said property No.- TA-105 or TA-171/1, Tughlakabad Extn. New Delhi.   If any such document purporting to agreement to sell is held by the defendants the same is a false, fabricated, forged and fraudulently procured document. The plaintiffs requested that a copy of the same immediately be supplied to them for their scrutiny and to take necessary steps against such fraudulent, forged and fabricated documents, but the defendants have not supplied the same.
25.                             That no consideration was ever passed on to complainant by the   accused persons.
26.                             That the plaintiffs emphatically deny having ever negotiating or entering into or executing, and/or registering any agreement, will and General Power of Attorney in favour of the defendants in respect of property No. TA-171/1, Tughlakabad Extn. New Delhi.   No sooner the plaintiffs came to know about the forgery, fraud and the mischief committed by the defendants, they immediately cancelled all those forged and fabricated and fraudulently procured documents. The plaintiffs have not received any amounts towards the alleged sale consideration. The plaintiffs also have not handed over the possession of any portion of the said property to the defendants.
27.                             That the plaintiffs are the real owner of the entire property No. TA-171/1, Tughlakabad Extension, New Delhi. The property has been constructed by the plaintiffs out of their own funds, resources and investments as submitted hereinabove. The plaintiffs have constructed the basement, ground, 1st & 2nd floor in the said property. The said construction in the property No. TA-171/1, Tughlakabad Extension was completed in the month of July, 1993.
28.            That no WILL & General Power of Attorney was executed and registered by Plaintiffs n favour of the defendants. Since no transfer documents were ever executed by Plaintiffs, there is no question of the alleged WILL & General Power of Attorney forming part of any alleged transfer documents and also there is no question of passing of any valuable consideration .
29.            Police Complaints: Dt. 25.10.93 H.C. Forged
30.             Smt. Ishwari Devi V/s. Om Prakash Gupta, (Respondent,  (2). Smt. Somwati,  CCP 32/93 – RFA 14/1989. Orders   Property TA-171/1, Transfer Name Smt. Somwati File in Court All Documents Dated-23.09.1988. in Court of DHC.                                                                                                                                                                                                    DESU/BSES Facts: Forged Transfer Connection
31.            MCD After Tress Pass Pulish Complant Dated 26.10.1993. MCD Involvement Notice Involve of  Shri Rameshwar Yadav Dated-09.11.1993.                                                                Shri Om Prakash Gupta- V/s- MCD                                                                                                                                                       Case no.71/2003-CA-MCD Act-1957.
 Order Dated 11.02.2004, (Vijay Kapoor,L.G.)

It is therefore, prayed that the accused person may kindly be summoned, prosecuted and punished in accordance with the law.

New Delhi
   August 2003
                                                                             Khemka & Co., Advocates
                                                                             69, Patiala House Courts
                                                                             New Delhi



In the matter of: -
 Subhash Chandra                          …… Complainant
 Rameshwar Yadav @ R. S. Yadav & Others … Respondents/Accused


1.           Any other witness with the permission of the Court.

New Delhi
10th July 2016

                                                                             Khemka & Co., Advocates
                                                                             69, Patiala House Courts
                                                                             New Delhi

1        A-1.Suit CS(OS) No.2494/94   Om Prakash Gupta v/s. Rameshwar yadav 7 Otrs.                   Crose examinination Dated 12.05.2010 .      JR/DHC  -   Bharat PrashaI had never gone to house TA-171/1, Tughlakabqd Ext.       TA-105/2. Tughlakabad Ext. ever prior to Decmber 1992    
1.      A- 2. Pulish compant  Dated 10.08.09. Meri Nizy Malkiyat  Goduwn continus  20-year old  youes  TA-105/2,  45 sq.yds since 1985..P.S. Govind puri.
2.      A-3. Pulish complant  dated 4/10/08.  My godwun  un-diputed  TA-105,  40.sq.yds. since 1990-91 P.S.Govind Puri 

3.      A-1.Suit CS(OS) No.2494/94   Om Prakash Gupta v/s. Rameshwar yadav 7 Otrs.                   Crose examinination Dated 12.05.2010 .      JR/DHC  -   Bharat Prashar. I had never gone to house TA-171/1, Tughlakabqd Ext.      TA-105/2. Tughlakabad Ext. ever prior to Decmber 1992 
4.      A- 2. Pulish compant  Dated 10.08.09. Meri Nizy Malkiyat  Goduwn continus  20-year old  youes  TA-105/2,  45 sq.yds since 1985..P.S. Govind puri.
5.      A-3. Pulish complant  dated 4/10/08.  My godwun  un-diputed  TA-105,  40.sq.yds. since 1990-91 P.S.Govind Puri 
6.        A-4. Pulish complain dated 18.09.08.  my shop Yadav & Company ka Godwon Since 1990-91.                       .

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