SARVESH KUMARI YADAV Vs. H C AHJUA

JUDGEMENT

(1.) Present revision petition has been filed by the petitioner (Defendant in the trial court) against judgment dated 24 th July, 2009 passed by Civil Judge, vide which suit under Section 6 of the Specific Relief Act, 1963 (for short as 'Act') for possession filed by respondent (Plaintiff in the trial court) was decreed.

(2.) Brief facts of this case are that respondent purchased property bearing no. 500, DDA Janta Flat, Ground Floor, Pul Prahaladpur, New Delhi from its owner Sh. Jagdish Chander Mehandiratta for sale consideration of Rs.75,000/- on 13 th August, 1996. The possession of the said property was handed over to the respondent by its owner on receipt of the whole of the sale consideration. The said owner executed the possession letter showing the delivery of possession of the said property to the respondent and also executed other documents in favour of the respondent.

(3.) After purchase of the property, respondent has been letting out the same to different tenants and ultimately got the same vacated in December, 2000 and occupied it in January, 2001 and shifted his house-hold goods and started living in the said house.