PREETI PRATAP SINGH Vs. KIRAN RAJ BISARIA

JUDGEMENT

(1.) The background leading to the filing of the above applications is as follows:

(2.) After the appeal was disposed of through the consent order dated August 30, 2018, the following transpired:

(3.) Mr. Vivek Raj Singh learned senior Counsel (V.R. Singh for short) appearing for the respondent had argued that the father of the appellant and the respondent had left behind a registered Will whereby the ground floor of the property being 113 Sunder Nagar, New Delhi was given to the appellant and the first floor and the suit property (barsati floor) was given to the respondent. After the demise of her father, ignoring the fact that the father had left behind a registered will with specific directions; the appellant filed a suit for partition bearing, number 2414 of 1994 (New No. 12608 of 2016). It is the case of the respondent that the appellant had been in unauthorised occupation of the suit property after the tenant of the first floor (M/s. Alcatel) vacated the accommodation and it was for this reason that the respondent was forced to file a suit for eviction in the year 1998 which was numbered as 16909/2016. These suits were clubbed together and the appellant had made a statement during the suit proceedings that no alienation or third party rights would be created in the suit property (barsati floor). Both these suits were disposed of vide a common judgement of the Trial Court dated March 12, 2018 whereby the appellant's suit for partition was dismissed and the respondent's suit for possession was allowed with mesne profits to the tune of ?28 Lacs. The mesne profits were granted for the period starting from May 21, 1998 till December 31, 2017. The appellant approached this Court by filing RFA No. 554 of 2018 and RFA 555 of 2018 against the impugned judgment/decree dated March 12, 2018. The RFA No.554/2018 was disposed of vide Consent Order dated August 30, 2018 wherein the appellant was granted six months" time i.e., until February 28, 2019 to handover the vacant possession of the suit property or else the mesne profits granted by the Trial Court would stand revived. The RFA No.555/2018 was dismissed by this Court.