SANGEETA Vs. RAMPHOOL @ BOBBY

JUDGEMENT

(1.) This Regular Second Appeal under Sec. 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the First Appellate Court dated 4.2.2015 whereby the first appellate court dismissed the suit by reversing the Judgment of the Trial Court dated 1.7.2014 by which the trial court had decreed the suit for possession, damages, mesne profits etc with respect to the suit property being plot no.58, House no.716, Main Road, Village Alipur, Narela Road, Delhi.

(2.) The facts of the case are that the appellant/plaintiff is the real sister of the respondent/defendant. The father of the parties is one Sh. Bhawani. The case of the appellant/plaintiff was that the father was the owner of the suit property and she purchased rights in the same by virtue of the usual documentation dated 30.9.2004 being agreement to sell, general power of attorney etc as Ex.PW1/1 to Ex.PW1/5 after paying consideration of Rs.30,000.00 to the father. The further case of the appellant/plaintiff was that since the respondent/defendant was her brother, she allowed the respondent/defendant to stay as a licencee in the suit property and since the nature of the respondent/defendant and his wife was quarrelsome, accordingly, the licence of the respondent/defendant was terminated vide Notice dated 8.4.2009/Ex.PW1/8. The subject suit came to be filed thereafter. The respondent/defendant contested the suit and pleaded that the suit property was purchased by the father Sh. Bhawani from the funds derived from the sale of the ancestral property situated at Village Sailarpur, Dadari, Greater Noida, UP. The respondent/defendant also pleaded that the joint family members earnings were utilised for purchase of the suit property by the father. Accordingly, the respondent/defendant claimed co-ownership and coparcenery rights in the suit property and hence prayed for dismissal of the suit.

(3.) After pleadings were complete, the trial court framed the following issues:-