MOHD. RAZA Vs. GEETA @ GEETA DEVI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14.11.2019 passed by the High Court of Delhi at New Delhi in Civil Revision Petition No.175 of 2019, by which the High Court has allowed the said civil revision petition by quashing and setting aside the order dated 27.07.2019 passed by the learned Trial Court and consequently passed a decree of eviction on admission under Order XII Rule 6 of CPC, the original defendants have preferred the present appeal.

(2.) The facts leading to the present appeal in nutshell are as under:­

(3.) Feeling aggrieved and dissatisfied with the order passed by the learned Trial Court dated 27.07.2019, dismissing the application under Order XII Rule 6 of CPC and refusing to pass the decree on admission, the plaintiff - respondent herein preferred the revision petition before the High Court. By the impugned judgment and order, the High Court has allowed the said revision application and quashed and set aside the order passed by the learned Trial Court dismissing the application under Order XII Rule 6 of CPC and consequently passed a decree for eviction in favour of the plaintiff and against the defendants. At this stage, it is required to be noted that in the written statement, it was the specific case on behalf of the defendants - appellants herein that defendant No.2 is the absolute owner of the suit property and has paid a sum of Rs.19 lakhs to the plaintiff and therefore she is in possession of the suit property as an owner. However, it is to be noted that defendant No.2 had instituted a suit against the plaintiff for specific performance of the contract/agreement on the basis of which defendant No.2 is claiming to be the owner of the suit property and the said suit is still pending.