YOGENDER SINGH Vs. PREM LATA

JUDGEMENT

(1.) :

(2.) THE appellant-plaintiff filed this appeal against the judgment and decree dated 9.12.2004 passed in suit no.351/2004 by the learned Additional District Judge whereby the suit for possession in respect of part of property no. A-39 , Badli extension ,village Badli, Delhi -42 as well as for a decree of cancellation of some documents, injunction and mesne profits filed by him against the respondents-defendants was dismissed.

(3.) THE defendants filed a common written statement and resisted the suit, inter alia, on the grounds that the plaintiff had sold the suit property to defendant no.1 Smt. Prem Lata on 23rd may, 1997 vide agreement to sell, general power of attorney, affidavit, Will etc. It was also claimed by the defendants that defendant no.1 had spent huge amount on construction of the ground and first floor with her funds from time to time. THE plaintiff's claim that he had raised two storeyed house was refuted as being false. It was denied that the plaintiff had permitted her to stay in the suit property as a licensee on her request that defendant no.1 was infact even prior to the purchase of the property from the plaintiff in occupation of one temporary room and a kitchen as a tenant of the plaintiff .THE defendants also denied the allegation that property documents were obtained from the plaintiff under the influence of liquor.