(1.) This second appeal is filed under Section 100 CPC impugning the judgment of the first appellate court dated 11.3.2013 by which the first appellate court set aside the judgment of the trial court dated 20.2.2008. Trial court by the judgment dated 20.2.2008 had decreed the suit filed by the appellant-plaintiff for possession of the suit property being DDA Flat No. 139, LIG (Ground Floor), B-Block, Pocket-2, Sector 17, Rohini, Delhi-85. Trial court also granted damages at Rs. 2000/- per month w.e.f 2.9.2003 till the premises are vacated by the respondent/defendant. In view of the judgment of the first appellate court, the suit for possession and damages has been dismissed.
(2.) The facts of the case as pleaded by the appellant-plaintiff were that the suit property was originally allotted to one Sh. Ashok Kumar son of Sh. T. S. Thakur by the DDA. Sh. Ashok Kumar transferred rights in the suit property to Smt. Shanno Devi by means of usual documents being the agreement to sell, power of attorney etc. Smt. Shanno Devi sold the suit property to the respondent/defendant and the appellant -plaintiff purchased the suit property from the respondent/defendant on 31.1.2001 by means of the usual documents being the agreement to sell, power of attorney, receipt etc.
(3.) Respondent-defendant contested the suit denying that she had transferred the suit property to the appellant-plaintiff and that the appellant-plaintiff in connivance with her son-in-law Sh. Vimal Vohra who had got the thumb impressions of the appellant on some papers on the pretext of giving loan. It was pleaded that nature of the documents was not disclosed when thumb impressions were taken, and which documents dated 31.1.2001 are now being used by the appellant-plaintiff to claim ownership of the suit property.