CHITTAR LEKHA Vs. GANGA RAM

JUDGEMENT

(1.) Smt.Chittar Lekha, the appellant, has put up a challenge to the judgment dated 29.11.2012 passed in Civil Suit No.506/1993 (old No.S -133/92) preferred by the respondent Ganga Ram, seeking possession of the suit property, which was decreed and the appellant was directed to hand over the vacant possession of the suit property to the respondent/plaintiff as well as against the judgment dated 19.10.2015 passed by the Additional District Judge -II (Central), Tis Hazari Courts, Delhi in RCA No.110/2013 whereby the judgment of the Trial Court referred to above was upheld and affirmed and the first appeal preferred by the appellant was dismissed.

(2.) The respondent/plaintiff, Ganga Ram claimed to be the owner of the suit property namely House No.86 measuring 50 sq.yards in Nangloi Extension after having purchased it from one Rambir Singh on 15.06.1990 for a consideration amount of Rs.74,000/ -. The documents on which the respondent/plaintiff relied are Agreement to Sell, General Power of Attorney and affidavit which was executed by Rambir Singh in favour of the respondent/plaintiff on 15.06.1990. The case of the respondent/plaintiff is that the appellant/defendant was inducted in the suit property as a caretaker since 16.06.1990 on a monthly remuneration of Rs.50/ - for the sole purpose of looking after the house. The appellant/defendant had also executed an affidavit on 30.06.1990 stating that the suit premises would be vacated whenever it would be required by the respondent/plaintiff.

(3.) An oral intimation to the appellant/defendant for vacating the suit premises went unheeded whereafter a legal notice dated 17.10.1992 was served upon her through registered post as well as UPC. The suit property, even then, was not vacated, rather it is alleged that the appellant/defendant doled out threats to the respondent/plaintiff for implicating him in a false case. A case also was lodged against the respondent/plaintiff in Nangloi police station.