VEENA SETH Vs. RAJSHREE TRIVEDI

JUDGEMENT

(1.) THIS suit for possession, recovery of damages and mesne profits was initially filed by the Plaintiff against the Defendant in the District Court on 14.03.2011. The plaint was ordered to be returned to the Plaintiff as the suit was held to be within the pecuniary jurisdiction of the High Court.

(2.) THE case of the Plaintiff is that she is the absolute owner of the first floor with terrace rights in respect of property no.106, M Block, Greater Kailash, Part -1, New Delhi by virtue of a registered Gift Deed dated 24.09.2004 (Ex.PW -2/1) whereas the rear portion of the second floor of the suit property with one servant quarter on terrace and common servant toilet on terrace was sold by Late Mrs. Tara Seth (Plaintiff 's mother -in -law) to the Defendant and her husband by virtue of a registered Sale Deed dated 07.03.2001 (Ex.PW -1/2). The ground floor of this very property along with one servant quarter and common servant toilet was sold to Mrs. Shahnaz Hussain and the front portion of the second floor of the property was gifted by Late Mrs. Tara Seth in favour of her daughter Mrs. Reetu Kapoor by virtue of a registered Gift Deed dated 23.03.2005.

(3.) THE Plaintiff applied for mutation in respect of the first floor as well as terrace floor in her favour and the mutation was allowed by mutation letter dated 30.09.2010 (Ex.PW -1/4).