ASHA SHARMA Vs. SANIMIYA VANIJIYA P LTD

JUDGEMENT

(1.) APPLYING the principles of estoppel by pleading and acquiescence, suit filed by the appellants has been held to be barred and accordingly rejected under Order VII Rule 11(d) of the Code of Civil Procedure. The order impugned is dated August 20, 2008. The appellants are the successor in interest of Late Ms.Satyawati Sharma.

(2.) DURING her life time Satyawati Sharma filed a suit praying as under:-

(3.) NOW, Satyawati Sharma could not claim a decree for possession against the bank in view of the admissions made by her in para 17 of having sold the property to the bank. She could have only sued for the arrears of rent payable and such other amounts by way of damages payable to her by the bank till the date when she executed the six sale-deeds, provided she had not transferred even said rights in favour of defendants No.6 to 11.