SALEEM Vs. WAHID MALIK

JUDGEMENT

(1.) Suit 488/2017 was instituted by the respondent Wahid Malik against the appellants Saleem and others. The respondent, as plaintiff, claimed to have purchased a property admeasuring 90 sq. yds. located in Khasra No. 67-68, Gali No. 27, Jafrabad, Delhi-110053 ("the suit property") for a consideration of ? 6 lakhs from its previous owner, under a general power of attorney (GPA), agreement to sell, receipt, Will and affidavit duly notarized by the notary public in the presence of witnesses. The plaint asserted that the respondent was in peaceful possession of the suit property and was using the suit property as a godown.

(2.) The plaint alleged that, on 28/4/2017, the petitioners-defendants broke the locks on the suit property and effected forcible ingress. This misfeasance, it was alleged, was repeated by the petitioners on 1/5/2017. The plaint also alleged that the petitioners had extended verbal threats to the respondent, resulting in the respondent having to lodge a written complaint at PS Jafrabad on 4/5/2017. As no action was taken by the police authorities, the respondent claimed to have been constrained to approach the learned Trial Court. The respondent prayed for a decree of permanent injunction in favour of the respondent and against the petitioners, restraining the petitioners from trespassing on the suit property or breaking the locks thereon and from dispossessing the respondent from the suit property without following due process of law.

(3.) The petitioners filed a written statement, by way of response to the aforesaid suit of the respondent. The written statement alleged that the respondent was neither the owner, nor in possession, of the suit property. The assertion of the respondent, that he had purchased the suit property from the previous owner under GPA, agreement to sell, Will and receipt dtd. 14/8/2003 was also denied in para 2 of the written statement, which reads thus: