KAWAL SACHDEVA Vs. MADHU BALA RANA & ORS.

JUDGEMENT

(1.) THE plaintiff has sued for possession pleading, that Major Ranbir Singh Rana was the sole absolute owner of property no. J -1/161 -A, Rajouri Garden, Delhi and acting through his wife and attorney defendant no. 1, vide Sale Deeds of the year 2009 has sold the middle and rear portion of the said property admeasuring 910 sq. yds. to the plaintiff; that though possession/constructive possession of the entire property sold was under the Sale Deeds delivered but in fact possession of some portions was not delivered on the plea that the goods of the defendant no. 2 who is the daughter -in -law of the defendant no. 1 and Major Ranbir Singh Rana were lying therein; that the defendant no. 2 instead of removing her goods has not only refused to deliver possession but also collusively inducted defendants no. 3 to 8 as her tenants in the said portion. The plaintiff has thus sued for possession and for future mesne profits with interest. The defendant no. 1 has supported the plaintiff.

(2.) THE defendant no. 2 has contested the suit pleading the property to be belonging to the HUF of Major Ranbir Singh Rana and she and her son, on the demise of her husband, having a right in the said property.

(3.) FOLLOWING issues were framed on 14.01.2013: -