LAWS(DLH)-2012-5-488

HARDIP KAUR Vs. KAILASH

Decided On May 18, 2012
Hardip Kaur Appellant
V/S
KAILASH Respondents

JUDGEMENT

(1.) The Trial Court has dismissed the appellant?s suit for possession and mesne profits relating to property bearing No.E-318, East of Kailash, New Delhi which is under challenge in this appeal. For the sake of convenience, the appellant and respondent nos.1 and 2 are referred to by their ranks in the suit as plaintiff, defendant nos.2 and 3 respectively. Mohinder Kaur was defendant No.1 in the suit.

(2.) The dispute between the parties relate to the first, second and terrace floors of property bearing No.E-318, East of Kailash, New Delhi, hereinafter referred as the suit property?. The suit property is built over leasehold plot measuring 125 sq. yards which was originally allotted to Darshan Kaur. Darshan Kaur sold the said plot to the plaintiff on 19 th April, 1973 vide construction agreement dated 19 th April, 1973 accompanied by General Power of Attorney in favour of the plaintiff?s nominee, T.S. Chadha. The plaintiff constructed a three storey building over the said plot.

(3.) On 5thJune, 1989, the plaintiff sold the first, second and terrace floors to Mohinder Kaur for total consideration of Rs 4,50,000/-. The plaintiff received the entire sale consideration from Mohinder Kaur and handed over the vacant and peaceful possession of the suit property to her. The plaintiff executed following documents relating to the suit property on 5 th June, 1989:-