VIMAL KHANNA Vs. KISHAN CHAND KHANNA

JUDGEMENT

(1.) Regular First Appeal from the Original Side has been filed by the two appellants namely Vimal Khanna and Simmi Khanna against the Order and Judgment dated 6th August, 2009 passed by the learned Single Judge in CS (OS) No. 1162/2007 wherein the application filed by the respondent under Order XII Rule 6 read with Section 151 of Code of Civil Procedure being F.A. No. 15614/2008 was allowed by decreeing the suit of the Respondent. The appellants were given one month's time to vacate the Ground Floor of the suit property bearing No. AE-95, Shalimar Bagh, Delhi and hand over peaceful possession thereof to the respondent.

(2.) The brief facts of the matter before the learned Single Judge in the suit for possession, injunction and mesne profit filed by the respondent are that the respondent is a senior citizen aged about 76 years. The appellant Nos. 1 and 2 are the son and daughter-in-law respectively of the respondent.

(3.) The respondent was allotted a plot by the DDA measuring 200 square yards in the year 1982. The entire consideration for the purchase of the said plot was paid by the respondent from his own earning and sources. Subsequently the respondent applied for conversion of his lease hold rights in the plot to free hold, on payment of conversion charges, and the DDA issued a Conveyance Deed in favour of the respondent.