SUNIL DUTT SHARMA Vs. RAJNI SHARMA

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India impugns the order dtd. 8/5/2018 passed by the Additional District Judge, Shahdara, Karkardooma Courts, Delhi in CS No.2193/2016 whereby the application filed on behalf of the respondent/plaintiff under Order XV-A of the Code of Civil Procedure, 1908 (CPC) has been allowed.

(2.) Briefly, the facts recorded in the impugned order are hereinafter.

(3.) Counsel appearing on behalf of the petitioner has filed additional documents after the last date of hearing on 10/8/2021, which include an Agreement to Sell dtd. 12/2/2007, which was not filed before the Trial Court. He contends that (i) the petitioner had been living for more than ten years in the suit property; (ii) in terms of the Agreement to Sell, the owner of the suit property, Sh. Inderjeet Sharma, who is the husband of the respondent herein, had agreed to sell the suit property to the petitioner for a sum of Rs.10,00,000.00, and various amounts have been paid by the petitioner towards the said amount; and (iii) the Rent Agreement between the petitioner and the respondent was signed on account of a mistaken belief that it was an Agreement to Sell.