OMWATI Vs. SAMAY SINGH & ORS

JUDGEMENT

(1.) C.M. Appl. No. 30148/2016 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. RSA No.232/2016

(2.) (I) The case of the appellant/plaintiff was that he purchased the suit property admeasuring 50 sq. yds being property no.25 out of khasra no.188 at Village Kirari, Suleman Nagar, Delhi known as Baldev Singh Park, Delhi (new number B-190, Shish Mahal Enclave, 25 Foota Road, Prem Nagar III, Nangloi, Delhi-110041) under the documentation dated 15.2.2001 from respondent no.1/defendant no.1. The documentation dated 15.2.2001 includes an Agreement to Sell, receipt, Will and also a registered General Power of Attorney. These documents were proved by the appellant/plaintiff before the trial court as Ex.PW1/A to Ex.PW1/D. The case of the appellant/plaintiff was that since defendants had good relations with the appellant/plaintiff therefore in spite of purchase of the suit property and paying the entire consideration, the appellant/plaintiff allowed the defendants to stay in the suit property. The defendants however since did not vacate the suit property, therefore ultimately a Legal Notice dated 25.9.2006, Ex.PW1/E was served on the defendants cancelling the license and thereafter the subject suit came to be filed.

(3.) On completion of pleadings the trial court on 3.12.2009 framed the following issues:-