(1.) THE challenge by means of this regular first appeal under Section 96 of the Code of Civil Procedure, 1908, is to the impugned judgment and decree dated 11.5.2000 whereby the suit of the respondent No.1/plaintiff for possession and mesne profits with respect to the property No. 563, Ambedkar Basti, near Balmiki Gate, Ghonda, Delhi-110053 was decreed.
(2.) THE case of the respondent No.1/plaintiff was that Sh. Kundan Lal, father of the parties, who owned the property, sold the property to him by means of the documents being the agreement to sell, power of attorney, affidavit, receipt and Will on 16.5.1996. It was pleaded that the appellant/defendant No.1 was residing as a licensee in the suit property and which licence was terminated making the appellant/defendant No.1 liable to hand over possession of the suit property. It was also pleaded that the appellant/defendant No.1 had the possession of the original papers of the property and which he had refused to part with and therefore a mandatory injunction was also sought for return of the documents.
(3.) ISSUES no.1 and 4 were/are the real issues. As per the decision of the trial Court Sh. Kundal Lal had transferred the property in favour of the respondent No.1/plaintiff by virtue of the documents dated 16.5.1996. Before proceeding further, I may note that in Delhi, it is the usual method to transfer an immovable property by executing an agreement to sell, power of attorney, Will, affidavit etc and which mode of transfer has been recognized by various judgments of this court and one such judgment is the Division Bench judgment in the case of Asha M. Jain Vs. Canara Bank (2001) 94 DLT 841.