DINESH AGGARWAL Vs. SANJEEV KUMAR GUPTA

JUDGEMENT

(1.) C.M.23201/2010 (for exemption) in R.S.A.No.233/2010 Exemption is allowed subject to all just exceptions. Application is disposed of. R.S.A.No.233/2010 and C.M.23200/2010 (for stay) This appeal has impugned the judgment and decree dated 29.7.2010 which has endorsed the finding of the trial judge dated 27.10.2009 whereby the suit of the plaintiff seeking possession of the suit property i.e. a part of plot no.B-8, Khasra no.96 situated at Abadi of Madhu Vihar in the area of village Mandawali Fazalpur, Illaqa Shahdara, Delhi measuring 170 sq. ft. had been decreed in favour of the plaintiff.

(2.) THE trial judge had framed five issues. During the course of the proceedings in September, 2002 the suit property had been handed back by the defendant to the plaintiff.

(3.) THE findings in the impugned judgment qua this proposition are extracted hereinbelow. THEy inter alia read as follows: