SALAHUDDIN AYUB Vs. BHUSHAN KUMAR

JUDGEMENT

(1.) The present Civil Revision Petition under Sec. 115 read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been filed on behalf of the Petitioners/Defendants for setting aside the Judgment dtd. 26/9/2024 whereby Decree of Possession under Sec. 6 of the Specific Relief Act, 1963 has been granted against the Petitioners/Defendants.

(2.) Briefly stated, the Plaintiff/Bhushan Kumar (Respondent herein) filed Civil Suit No. 1313/2009 titled "Bhushan Kumar vs. Salahuddin Ayubi and Ors." under Sec. 6 of the Specific Relief Act, 1963 and Permanent Injunction in respect of property bearing No.N-141, Abul Fazal Enclave, Jamia Nagar, Okhla, New Delhi-25 (hereinafter referred to as "Suit Property").

(3.) According to the Plaintiff, he had purchased the Suit Property from Defendant No.1/ Salauddin Ayubi (Petitioner No.1 herein) in the year 2002 for a total sale consideration of Rs.1,20,000.00, out of which he paid Rs.40,000.00 to Defendant No.3/Noor Hassan (since deceased) at the instance of Petitioner No.1 and 2. The balance amount was paid in cash and the documents of transfer namely GPA, Receipt etc were executed in his name. Furthermore, Salahuddin Ayubi, Petitioner No.1 handed over the physical possession of the property along with the chain documents to the Plaintiff. He has been living in the Suit Property in the capacity of an owner and has various documents namely Driving License, Passport, Voter's Identity Card, Bank Account at the address of the Suit Property.