KARTAR SINGH Vs. RAM ANUJ PANDEY

JUDGEMENT

(1.) VALMIKI J. MEHTA, J . This second appeal impugns the concurrent judgments of the courts below; of the trial court dated 4.2.2012 and the first appellate court dated 5.12.2012; by which the suit of the respondent -plaintiff for possession was decreed with respect to the suit land being a plot of 40 sq. yds in K.No.11/19, Village Jhuljhuli Extention, New Delhi -73.

(2.) THE respondent -plaintiff claimed possession of the suit plot on the ground that he had purchased rights of the same on the basis of general power of attorney registered before the sub -Registrar on 25.2.2002 by the appellant -defendant. Appellant -defendant had also executed a Will dated 25.2.2002 in favour of the respondent -plaintiff and which was also registered with the sub -Registrar. An agreement to sell of the same date i.e 25.2.2002 was also executed in favour of the respondent -plaintiff. Respondent -plaintiff claimed to have been dispossessed by the appellant - defendant/seller although possession was given to him as stated in the agreement to sell, and therefore, the subject suit came to be filed.

(3.) THE issue in this case is no longer res integra and it has been held by a learned Single Judge of this Court in the case of Nilima Gupta, P.A.Choudhary Nepal Singh and Suraj Bhan Vs. Yogesh Saroha and Ors. 156 (2009) DLT 129 that once the rural land is built upon and a colony is carved out wherein houses exist, in such circumstances, the area in question ceases to be governed by the Delhi Land Reforms Act.