RATTAN LAL Vs. RAGUNATH

JUDGEMENT

(1.) This second appeal impugns the judgment dtd. 12/5/2023 passed by the ADJ-03, North West District, Rohini Courts, Delhi ('First Appellate Court') in RCA DJ No. 83/2017, upholding the judgment dtd. 19/8/2017 passed by the ACJ - cum - ARC, North West District, Rohini Courts, Delhi ('Trial Court') in New Suit No. 59521/2016, whereby the Trial Court granted the decree of possession and mandatory injunction in favour of plaintiff and against the defendants with respect to the suit property i.e. property No. E-515, Mangolpuri, Delhi ('suit property").

(2.) The Trial Court in its judgment dtd. 19/8/2017 has returned a finding that Respondent has proved his ownership over the suit property and is, therefore, entitled to the relief of possession against the defendants. The First Appellate Court as well has, after appraising the evidence, concluded that the initial owner of the suit property was Smt. Munni Devi and the suit property has been purchased by the plaintiff i.e., Respondent herein, from Smt. Munni Devi in the year 1982. The First Appellate Court also concluded that the Respondent has been able to prove his proper title over the suit property.

(3.) Learned counsel for the Appellants states that the Courts below have relied upon the General Power of Attorney ('GPA'), Agreement to Sell and affidavit, all dtd. 2/12/1982, filed by the Respondent to show his title to the suit property.