SHAKEEL AHMED Vs. SYED AKHLAQ HUSSAIN

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dtd. 23/8/2018 passed by the High Court of Delhi in RFA No.191 of 2013 between Shakeel Ahmed and Syed Akhlaq Hussain, whereby the appeal was dismissed and the judgment and decree of the Trial Court decreeing the suit for possession and mesne profits has been affirmed.

(2.) The appellant is defendant in the suit for possession and mesne profits instituted by the respondent with respect to the property in question. The suit was filed on the basis of a Power of Attorney, an agreement to sell, an affidavit and a will executed in favour of the respondent. The appellant, admittedly, was in possession of the property in question. The suit was contested on several grounds that the appellant was the owner of the property having received the same on the basis of a Hiba (oral gift) from its owner Laiq Ahmed his own brother. Secondly, that the suit was not maintainable as none of the documents on the basis of which the suit was filed were neither admissible nor enforceable under law. Both parties led evidence - oral and documentary. The Trial Court framed as many as eleven issues, which read as follows:

(3.) Findings recorded by the Trial Court were that all the issues were decided against the appellant and in favour of the respondent except issue no.8 and decree for possession along with mesne profits was granted.