NARESH KUMAR SAINI Vs. DAYA RANI DIXIT

JUDGEMENT

(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 8.9.2010 whereby the suit of the appellant/plaintiff for possession and mesne profits has been dismissed.

(2.) THE issue pertained to the right in the property bearing no. C-7/144, Ground Floor, Lawrence Road, Delhi owned by late Sh. Rajinder Prasad Saini who expired on 13.12.1987. Plaintiff/appellant claimed to be the adopted son of late Sh. Rajinder Prasad Saini. Sh. Tilak Raj, husband of the defendant Smt.<RP> Daya Rani Dixit</RP> also claimed to be the adopted son of Sh. Rajinder Prasad Saini, however, through a registered adoption deed dated 10.4.1986. The appellant/plaintiff claimed ownership to the subject property on the basis of a Conveyance Deed dated 9.1.2002 executed by the Delhi Development Authority (DDA) in his favour i.e., a Conveyance Deed executed after about 13 years of the death of Sh. Rajinder Prasad Saini. The Conveyance Deed dated 9.1.2002, Ex. P-1, is claimed to have been got executed on the basis of a power of attorney executed by Sh. Rajinder Prasad Saini in favour of the appellant/plaintiff.

(3.) AFTER the pleadings were complete, the trial court framed the following issues.