RASHEEDA SIDDIQUI Vs. MUSTAFA ALEEM SIDDIQUI

JUDGEMENT

(1.) This is a suit for possession, perpetual injunction and mandatory injunction. The case of the plaintiff is that she is the owner of house No. B-1, Khasra No. 234, Bhaskar Compound, Abul Fazal Enclave, Part-I, Jamia Nagar, New Delhi-110025 and that the aforesaid property was unauthorizedly and illegally occupied by the defendants during her absence when she had gone to USA to reside with her daughter. The plaintiff has accordingly sought possession of the suit property from the defendants. She has also sought an injunction restraining the defendants from interfering with her possession. She has also claimed mesne profits from the defendants @ Rs.30,000/- p.m.

(2.) The case of the plaintiff in respect of ownership of the suit property is based on documents such as General Power of Attorney, Agreement to Sell and Purchase, Will, Possession Letter, receipt etc. all dated 2.6.2004. The Agreement to Sell and Purchase purports to have been executed by Shri Shahzad Mirza in favour of the plaintiff, for a total sale consideration of Rs.5 lakh. It is stated in the agreement that possession of property No. B-1 comprised in Khasra No. 234, Bhaskar Compound, Abul Fazal Enclave, Part-I, Jamia Nagar, New Delhi-110025 has been given to the purchaser Smt. Rasheeda Afaq Siddiqi. Since, the plaintiff claims to have obtained possession from the erstwhile owner of the suit property under an Agreement to Sell executed in her favour, the provisions of Section 53A of The Transfer of Property Act, 1882 come into application.

(3.) Vide IA No. 7516/2010, purporting to have been filed under Section 151 Code of Civil Procedure, the plaintiff has sought direction to pay the deficient stamp duty on the Agreement to Sell and Purchase dated 2.6.2004, which has been filed in original.