SHAMIM BANU Vs. ABDUL HASIM

JUDGEMENT

(1.) THIS second appeal is filed under Section 100 CPC,1908 impugning the concurrent judgments of the courts below; of the trial court dated 12.5.2005 and the first appellate court dated 15.2.2007; by which the suit of the appellant -plaintiff for possession with respect to the property no.B -28, Welcome Colony, Seelampur, Kabootar Market, Shahdara, Delhi has been dismissed. The defendant -respondent in the suit is the brother of the appellant -plaintiff.

(2.) APPELLANT -plaintiff as per the plaint claimed to have purchased this property on payment of consideration of Rs.1,50,000/ -. Though the suit plaint does not state from whom the suit property is purchased, as per the set of documents which have been filed alongwith the suit, and which are dated 22.12.1999, plaintiff claims to have purchased this property from her mother Kaneez Fatma. In the year 2000, when the subject suit for possession is filed, appellant -plaintiff was 25 years of age, and meaning thereby, appellant -plaintiff claims at the age of 24 years to have paid Rs.1,50,000/ - to her mother in December, 1999 for purchasing the suit property.

(3.) THE trial court framed the following issues in the present case.