SH. SHUKAR HARIJAN Vs. SUSHILA DEVI

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 20.05.2005 which had reversed the finding of the trial judge dated 02.12.2004. Vide judgment and decree dated 02.12.2004, the suit filed by the plaintiff Smt.<RP> Sushila Devi</RP> seeking recovery of possession and damages qua the suit property bearing no. P-4/29, Sultanpuri, New Delhi had been dismissed. Impugned judgment had reversed this finding. Suit of the plaintiff had been decreed.

(2.) CONTENTION of the plaintiff is that the defendant had sold the aforenoted suit property to the plaintiff vide power of attorney dated 30.04.1982 against a consideration of Rs.2,500.00. Possession of the suit property had also been handed over to the plaintiff in part performance of this aforenoted agreement to sell. Sale deed could not be executed because of the imposition of restrictions by the Authorities. The premises were under the lock and key of the plaintiff. Plaintiff used to visit the property occasionally. On 25.04.87, defendant threatened the plaintiff and asked for an additional sum of Rs.10,000.00 stating that the prices have escalated. Police complaint was lodged. Defendant thereafter filed a suit for injunction against the plaintiff from dispossessing the defendant in terms of the interim order which she had obtained in the said suit. Contention of the plaintiff is that this interim order had been passed on 18.08.87; on 19.08.87, defendant had illegally broken the locks of the suit property and taken possession of the same. Since 19.08.87, defendant is in unauthorized occupation of the suit property; in spite of requests, he had not vacated it. Present suit was filed.

(3.) ON the pleadings of the parties, following 9 issues were framed:-