SAVITRI GOEL Vs. PARVESH ARORA

JUDGEMENT

(1.) The issue in dispute in the present petition pertains to dismissal of the applications of the petitioners filed under Sec. 5 of the Limitation Act, 1963 read with Sec. 151 of the Code of Civil procedure Code, 1908 (hereinafter referred as "CPC") for taking on record the written statements.

(2.) It is the case of the petitioners that the petitioner no. 2 and the respondent jointly purchased property bearing no. WZ-1971, Upper Ground Floor, Plot No. 7, Rani Bagh, Delhi-110034 (hereinafter referred as "subject property") vide sale deed dtd. 16/9/2013.

(3.) The respondent on the other hand alleges through his plaint that he entered into an oral agreement with petitioner no. 2, wherein they agreed that petitioner no. 2 would have possession of the suit property for 8 years from the date of the sale deed and later on, possession of the subject property would then be transferred to the respondent for the next 8 years. Respondent further alleges that the petitioner no. 2 failed to vacate the subject property however, petitioner no. 2 made request to allow petitioner no. 1 to reside in the suit property for a period of 6-7 months. The license was granted for Rs.9000.00 per month as license fee to the respondent. However, the petitioner no. 1 failed to pay the license fees from October, 2021 onwards.