LAWS(DLH)-2024-12-40

SANTOSH JHA Vs. SALMA DESHMUKH

Decided On December 10, 2024
Santosh Jha Appellant
V/S
Salma Deshmukh Respondents

JUDGEMENT

(1.) A Civil Revision Petition under Sec. 115 read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC, 1908') has been filed by the Petitioners (Defendants) to challenge the Judgment dtd. 11/1/2021 in Civil Suit No. 250/2020 vide which the decree of possession has been made against them under Sec. 6 of the Specific Relief Act, 1963.

(2.) Briefly stated, the Respondent-Smt.Salma Deshmukh (Plaintiff) filed a Suit for Possession under Sec. 6 of the Specific Relief Act, 1963 and for Permanent and Mandatory Injunction.

(3.) As per the Plaintiff of plot bearing No.20, Shyam Vihar, Phase-1, Dindarpur, Najafgarh New Delhi-110043 measuring approximately 120 sq. yards (hereinafter referred to as 'Suit Property') was originally owned by one Sh. Randhir who had then sold it to one Sh. Vinay Madhur from whom she had purchased the Suit Property from by execution of GPA, Agreement to Sell, Possession Letter etc. dtd. 13/1/2011, for a sale consideration of Rs.13,50,000.00. She had continued to be the owner of the Suit Property since then. She even constructed a boundary wall and also fixed a gate on the Suit Plot.