VIDYA DEVI Vs. RAMWATI DEVI

JUDGEMENT

(1.) THE challenge by means of this regular first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment dated 15.4.2004 which has decreed the suit of the respondent/plaintiff for possession and mesne profits.

(2.) THE respondent/plaintiff in the trial court sought recovery of possession and mesne profits from the appellant on the ground that a decree for specific performance was passed in favour of the respondent vide judgment dated 13.5.1988 of Sh. R.K.Tiwari, ADJ, Delhi. It was also alleged that the appellant/defendant had moved an application for setting aside the judgment and decree dated 13.5.1988 and which was dismissed. In execution of this decree, the respondent/plaintiff had got the sale deed executed in her favour.

(3.) I must note a subsequent event that after passing of the impugned judgment a petition being CM(M) No. 1735/2005 filed by the appellant against the judgment dismissing the Order 9 Rule 13 CPC application has also been dismissed by learned Single Judge of this court vide judgment dated 21.1.2011. Two of the relevant paragraphs in the CM(M) No. 1735/2005 are paras 8 and 9 which read as under:-