SHAKEELA @ BABY & ANR. Vs. MEHZABEEN @ ZABEEN

JUDGEMENT

(1.) THE appeal impugns the judgment and decree (dated 13th February, 2013 of the Addl. District Judge (North), Tis Hazari Courts, Delhi in Civil Suit No. 159/2011 (Unique ID No. 02401C0461372011) filed by the respondent) of declaration that the bayana receipt Ex. DW2/PX dated 23rd December, 2010 is null and void and for recovery of possession from the two appellants of the third floor of property bearing No. 4035, Ward No. XIV, Basti Mansa Ram, Gali Barna, Sadar Bazar, Delhi and of permanent injunction restraining the appellants from creating third party interest in the property. Notice of the appeal was issued, Trial Court record requisitioned and execution of the decree in so far as for the relief of possession, was stayed.

(2.) CONSIDERING the nature of the controversy, it is not deemed expedient to admit this appeal, particularly when though a decree for possession has been passed in favour of the respondent/plaintiff but no mesne profits have been awarded to the respondent/plaintiff. In the circumstances, with consent, the counsels have been finally heard on the appeal.

(3.) THE appellants/defendants contested the suit, denying the Amanatnama and by pleading that the respondent/plaintiff had vide bayana receipt dated 23rd December, 2010 aforesaid agreed to sell the said premises to the appellants/defendants and had put the appellants/defendants into possession of the property in pursuance to the said Agreement to Sell and against receipt of part sale consideration.