RAVEESH CHAND JAIN Vs. RAJ RANI JAIN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the judgment and order dated 28.8.2014 of the High Court of Delhi allowing the revision petition preferred by the respondent/plaintiff against the order of the trial court which has dismissed her application in a suit for recovery of possession and damages with respect to a portion of the property being in unauthorized occupation of the appellant/defendant.

(3.) The factual matrix of the case is that the plaintiff-respondent filed a suit against the defendant/appellant who is her son, for recovery of possession and damages alleging that she had purchased the suit property out of her own fund and she is the absolute owner, but part of the property was under the illegal occupation of the appellant-defendant, who opposed the suit contending that the suit property was a Hindu Undivided Family property having been purchased in the name of the respondent using the funds of his grandfather, father and himself and not purchased by the respondent as she was a housewife having no income. Appellant-defendant further pleaded that though there was a dispute regarding his ownership and possession, the same was settled between all the family members vide compromise deed dated 22.10.1997.