MAMTA GUPTA Vs. SUNIL JINDAL

JUDGEMENT

(1.) By this petition under Article 227 of Constitution of India, the petitioner (defendant before the trial court) has assailed order dated 20th April, 2009 passed by Senior Civil Judge confirming order of the Civil Judge on an application under Order 39 Rules 1 and 2 CPC made by the respondent. It is submitted by the petitioner that both the courts below passed the orders ignoring the material facts and the documents, though the respondent had no prima facie case.

(2.) The facts relevant for the purpose of deciding this petition are that Mr. Sunil Jindal (respondent herein), who is brother-in-law (brother of husband of the petitioner) of Mrs. Mamta Gupta (petitioner herein) filed a suit for permanent injunction against the petitioner and her husband and others alleging therein that he was in possession of second floor of the property No. B-5/29, Sector 7, Rohini with terrace rights.

(3.) The stand of the petitioner before courts below was that the plaintiff, Mr. Sunil Jindal had sold out the property in question by executing General Power of Attorney, Agreement to Sell, Will, Receipt of payment of money, etc. All original documents were in possession of the petitioner. Since the plaintiff was closely related to respondent, he prevailed upon the petitioner for handing him over original documents on the plea that he needed them for some use and would return them in 3-4 days. After the documents were handed over to him, he became dishonest. He did not return the documents and thereafter tried to forcibly occupy the second floor. A complaint of trespass was lodged against the respondent since he put his lock over the doors of the second floor where goods of the petitioner were lying. It is submitted that the plaintiff/respondent never lived at B-5/29, Sector 7, Rohini. He was resident of C-132, Prashant Vihar, Delhi. This premises at Rohini had been sold by him to the petitioner, Mrs. Mamta Gupta.