AJIT SINGH GILL Vs. ARVIND KHOSLA

JUDGEMENT

(1.) THE present Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 has been filed by the appellants against the impugned judgment and decree dated July 25, 2011 passed by the learned Single Judge of this Court in CS(OS) No.234/1997.

(2.) THE brief facts are that the Suit No.234/1997 was filed by Sh.Ajit Singh Gill, his wife and two sons seeking permanent injunction restraining defendant Nos.1, 3 & 4 from interfering with their possession of property No.324, Sant Nagar, East of Kailash, New Delhi, and taking its illegal possession from them. The plaint was later on amended in order to seek possession of the first, second and third floors of the suit property from defendant Nos.1, 3 and 4. They also sought injunction, restraining them from interfering with their possession of the aforesaid property.

(3.) THE premise was let out by respondent No.2 to appellant No.1 between January and June, 1996. She further alleged that since municipal taxes were not paid, more than Rs.19 lac was being claimed by MCD towards arrears of taxes. In June, 1995, an auction notice was issued by MCD for auction of the suit property in order to recover the arrears of property tax. Since respondent No.1 was unable to contribute towards the payment of property tax, she was asked to explore all possible avenues including sale of the property. Therefore, on 15.6.1996, she sold the property to the appellants, to the knowledge of respondent No.1. The share of respondent No.1 was sent to him by pay orders along with a letter dated 17th June, 1996.