O.P. AGGARWAL Vs. AKSHAY LAL

JUDGEMENT

(1.) The appellant No. 1, who is an Advocate, states that he has informed Mr. Atar Singh Tokas, counsel for the respondents, and Mr. Tokas informed him that the respondents have taken back the file from him. I am not inclined to adjourn this old appeal any further as this matter is on the Regular Board of this Court since 2.2.2012.

(2.) The challenge by means of this Regular First Appeal(RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree of the trial Court dated 13.12.2003 dismissing the suit filed by the appellants/plaintiffs for possession and mesne profits with respect to the suit property bearing MCD No. 500/23, Plot No. 29, Gali No. 10, Bhikam Singh Colony, Behind Masjid, Shahdara, Delhi.

(3.) The facts of this case are that the appellants/plaintiffs by means of usual documents being the Agreement to Sell, Power of Attorney, Will etc all dated 11.2.2002(Power of Attorney and Will being duly registered with the sub-Registrar, Delhi) purchased the rights in the suit property from one Sh. Sadat Ali Khan. Sh. Sadat Ali Khan had purchased the suit property from Smt. Jasbeer Kaur by means of similar set of documents dated 18.12.1998, and some of which documents are registered documents. Smt. Jasbeer Kaur had purchased the property from Sh. Chanan Singh vide similar set of documents dated 3.12.1997. Sh. Chanan Singh was the son of Sardar Dasondha Singh, who had purchased the suit property from the original owner, namely, Shree Ram Sarvaria and Sons Ltd. by means of a registered sale deed dated 16.3.1955. The appellants/plaintiffs claimed that the respondents were illegal occupants/trespassers in possession of the suit property and therefore after putting them to notice of their illegal occupation, the subject suit was filed.