SHEIKH ABEDIN Vs. IQBAL AHMED

JUDGEMENT

(1.) This petition arises from the judgment and order passed by the High Court of Delhi dtd. 22/9/2022 in Regular Second Appeal No.92/2022 preferred by the petitioner before us by which the Second Appeal came to be dismissed by the High Court thereby affirming the original judgment and decree passed by the trial court and also the judgment and order passed by the First Appellate Court.

(2.) It appears from the materials on record that the respondents (original plaintiffs) before us instituted Civil Suit No.1162/2019 in the Court of Senior Civil Judge, South District, Saket Court, New Delhi for declaration and permanent injunction with respect to an open plot of land bearing No.P-229 out of Khasra No.431/260 Joga Bai Extension, Nafis Road, Jamia Nagar, Okhla, Batla House, New Delhi ad measuring 260 Sq. Yards.

(3.) It is the case of the original plaintiff that the subject plot was purchased by them from one Shri Dilbar Husain Malik by way of a General Power of Attorney, Agreement to Sell and Affidavit respectively dtd. 27/11/2000 for a total sale consideration of Rs.80,000.00. According to the plaintiffs, the appellant before us was appointed as a caretaker / Chowkidar of the subject plot. According to the plaintiffs, the petitioner was permitted to stay in the suit property so that the property could also be taken care of. When time came for the petitioner (defendant) to vacate, he declined and that led to the filing of the suit praying for the following reliefs:-