SUNITA RAJPUT Vs. YOGENDER RATAWAL

JUDGEMENT

(1.) The appellants in this appeal seek to assail the judgment and decree dated 12.05.2008 passed by the learned Additional District Judge, Delhi whereby and whereunder the learned Additional District Judge by a decree passed in this behalf directed the appellants to hand over the possession of the suit premises bearing No. 2153, Naiwalan, Karol Bagh, New Delhi-110005 to the respondents No. 1 to 3 by allowing the application of the said respondents under Order XII Rule 6 of the Code of Civil Procedure.

(2.) The facts relevant for the disposal of the present appeal as set out in the plaint are that the respondent No. 5 Smt. Vidya Wati, since deceased, was the absolute owner in possession of the suit property bearing Municipal No. 2 135, 2136 and 2153, Nai Walan, Karol Bagh, Delhi by virtue of a registered sale deed dated 11.01.1972 executed in her favour. The respondent No. 5 Smt. Vidya Wati sold the said property to the respondents No. 1 to 3 by executing two sale deeds, both dated 19.06.1996 in favour of the respondent No. 1 and the respondents No. 2 and 3 respectively. Simultaneously, with the execution of the said registered sale deeds in favour of the respondents No. 1 to 3, the respondent No. 5 delivered physical possession of the entire first floor of the property to the respondents No. 1 to 3 herein. The possession of the ground floor was also delivered by the respondent No. 5 to the said respondents except for a room and a kitchen, which she undertook to deliver within 15 days of the execution and registration of the sale deeds. Proprietary rights and symbolic possession of a shop on the ground floor on rent with one M/s. Prakash Automobiles were also delivered to the respondent No. 1.

(3.) Thereupon, the appellants No. 2 and 3 through the appellant No. 1, their mother, filed a suit bearing No. 205/2001 for declaration, permanent injunction and mandatory injunction against the respondents No. 1 to 5 inter alia with the following prayers: