VINOD Vs. MANOJ KUMAR

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment dated 19.1.2011 by which the suit of the appellant/plaintiff for possession, damages and permanent injunction against the respondent/defendant was dismissed.

(2.) THE facts of the case are that the appellant/plaintiff alleged that he had purchased the suit property out of Khasra No.470 measuring 67 sq. yards bearing No.F-15 situated in Rana Park, Siras Pur, Delhi-42 from the defendant by means of documentation dated 23.6.2008 being the General Power of Attorney, Agreement to Sell, Will and affidavit etc. THE total consideration alleged to have been paid by the appellant/plaintiff to the respondent/defendant was a sum of Rs.4 lakhs in cash. THE case of the appellant/plaintiff further was that the respondent/defendant asked him not to take possession because he had a problem of study and examination of his children and therefore sought time to vacate the property, but failed to hand over possession subsequently. THE appellant/plaintiff thereafter claimed that he terminated the licence of the respondent/defendant in April, 2009 and thereafter filed the subject suit. It was alleged that plaintiff/appellant is a handicapped person and is running a stationery shop.

(3.) THE basic findings and conclusions of the trial Court are contained in paras 18 to 24 of the impugned judgment and which read as under:-