RAJENDER SINGH SISODIA Vs. SHAFEENA BEGUM

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India impugning the judgment dtd. 11/12/2014 ('impugned judgment') passed in suit no. 18/2005 ('re-numbered as 167/2006') titled as Shafeena Begum v. Rajender Singh Sisodia and Ors. whereby the Trial Court [Civil Judge (West) - III, Tis Hazari Court, Delhi] decreed the suit for possession in favour of the plaintiff/Respondent No. 1 filed under Sec. 6 of Specific Relief Act, 1963 ('Act of 1963').

(2.) Respondent No. 1 along with her husband Mr. Kamal Hasan and her three minor children, as on 19/12/2004 was admittedly in possession and occupation of the suit property. The Respondent No. 1's identification documents such as ration card and passport bear the address of the suit property.

(3.) Learned counsel for the Petitioner stated that the Petitioner entered into peaceful and vacant possession of the suit property on 5/1/2005 and received the possession from Respondent No. 2. He stated that, therefore, there was no illegal dispossession of Respondent No. 1 by the Petitioner herein. He stated that the underlying suit filed by Respondent No. 1 is collusive and at behest of her husband, Mr. Kamal Hasan. He stated that in alternative the fraud, if any, on Respondent No. 1 has been played by her husband, Mr. Kamal Hasan.