MAINA DEVI Vs. RATI RAM AND ORS.

JUDGEMENT

(1.) IA NO.13109/2014 (O.XIV Rule 5 CPC) in CS(OS) 1705/2003

(2.) Before coming to the instant application, it will be appropriate to narrate a few facts necessary for disposal of the application.

(3.) This suit for possession under Section 5 of the Specific Relief Act, 1963, damages and mesne profits has been filed by the Plaintiff against the Defendants on the ground that the suit property consisting of a plot of land measuring 213.5 sq. yds., out of Khasra No.256/1, situated in the abadi of village Ghonda Gujran Khadar colony known as Bhajanpura, Illaqa Shahdara, Delhi-110053 was purchased by the Plaintiff from Defendants no.1 and 2 vide Agreement to Sell, General Power of Attorney, Affidavit, Will, etc. all dated 01.10.1987 for a consideration of Rs.11,000/-. It is the case of the Plaintiff (applicant) that at the time of execution of the said documents and receipt of payment, the Defendants also handed over vacant and peaceful possession of the suit property to the Plaintiff. It is averred that on the intervening night of 11-12.10.1991, Defendants no.1 and 2 with an intention to get the suit property, demolished the boundary wall and occupied the vacant plot which was adjacent to the plot of the Defendants. A police report was lodged by the Plaintiff on 12.10.1991 and the boundary wall was reconstructed.