SALEKH CHAND YADAV Vs. SHRI AMIT SETHI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India emanates from CS No.8847 of 2016 whereby the learned Additional District Judge-06, Tis Hazari Courts, West, Delhi dismissed the application filed by the petitioner/plaintiff under Order XVI Rule 2 & 3 read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter "CPC"). The respondent herein is the defendant before the learned Trial Court.

(2.) Given the controversy at hand, it is necessary to state, in brief, the claim in the suit instituted by the petitioner/plaintiff. The petitioner had filed a suit for possession under Sec. 6 of the Specific Relief Act, 1963 (hereinafter "the Act") and for permanent injunction against the respondent, averring that one Smt. Nirmal Rekhi is the owner of the property bearing No.C-51, Paschim Vihar, New Delhi (hereinafter "Suit Property"). It is stated by the petitioner that Smt. Nirmal Rekhi used to visit the office of the petitioner at WZ-180, Old Sahibpura, Tilak Nagar, New Delhi for legal consultation and legal work. In the month of March,2002, she visited the office of the petitioner and ask him to take care of suit property as she was travelling to the USA and would stay there for considerable amount of time.

(3.) The petitioner thereafter had been taking care of the suit property and using it for the purpose of parking his car as well. In 2014, the respondent along with his associates came to the suit property and threatened to disposes the petitioner from the property. It is the case of the petitioner that the respondent and his associates in connivance with the police officials forcibly detained the petitioner and fabricated documents for the suit property, with the intention to sell the property.