LAWS(DLH)-2014-2-22

SURINDER SINGH Vs. SURBIR SINGH

Decided On February 05, 2014
SURINDER SINGH Appellant
V/S
Surbir Singh Respondents

JUDGEMENT

(1.) RFA No.115/2013 impugns the judgment and decree (dated 31st January, 2013 of the Court of the Addl. District Judge (North)-01, Tis Hazari Courts, Delhi in CS No.54/2009 filed by the respondent no.1 therein Shri Surbir Singh against the deceased appellant Shri Surinder Singh and the respondent no.2 therein Shri Rama Murthy) of recovery of possession from the appellants and the respondent no.2 of Plot No.D-121, Mayapuri, Phase-II, New Delhi.

(2.) RFA No.118/2013 impugns the judgment and decree also dated 31st January, 2013 of the same Addl. District Judge (North)-01, Tis Hazari Courts, Delhi of dismissal of CS No.53/2009 filed by the deceased appellant Shri Surinder Singh and Sh. Padam Singh, predecessor in interest of respondents No.4 to 8 therein against the respondent No.1 Surbir Singh and respondent No.2 (Bhupinder Singh) & respondent No.3 (Sh. Rama Murthy) therein for specific performance of an Agreement of Sale by the respondents Surbir Singh and Bhupinder Singh, of property No.D-121, Mayapuri, Phase-II, New Delhi to the deceased appellant Shri Surinder Singh and predecessor of respondents no. 4 to 8.

(3.) Notice of both the appeals was issued and the counsel for the respondent/decree holder Shri Surbir Singh made a statement that the decree for possession shall not be executed. Though the parties were referred to mediation but the same remained unsuccessful. The appeals were admitted for hearing and the Trial Court records requisitioned. The counsels have been heard and the Trial Court record perused.