SRI NIWAS GUPTA Vs. SURENDER KUMAR

JUDGEMENT

(1.) This Regular Second Appeal under Sec. 100 of the Code of Civil Procedure, 1908 (CPC) impugns the Judgment of the First Appellate Court dated 26.9.2014. The First Appellate Court vide its Judgment dated 26.9.2014 has decreed the suit by setting aside the Judgment of the Trial Court dated 15.12.2011 which had dismissed the suit. The subject suit was a suit for possession, mesne profits and injunction with respect to the suit property admeasuring 100 sq. yards bearing no. A-699, New Ashok Nagar, Delhi, situated in khasra no. 409/274.

(2.) The case of the respondent/plaintiff was that he purchased ownership rights in the suit property by usual documentation being the Agreement to Sell, General Power of Attorney, Will, Receipts, etc dated 12.6.1997. Out of 100 sq. yards, 30 sq. yards were purchased by the respondent/plaintiff from Smt. Gyanwati and 35 sq. yards each were purchased from Sh. Prabhu Dayal and Sh. Rakesh Kashyap. The appellant/defendant is alleged to have trespassed illegally and taken possession of one shop and two rooms in the year 2001; shop being the area which was purchased from Smt. Gyanwati and two rooms being the area purchased from Sh. Prabhu Dayal. Firstly a legal notice was sent to the appellant/defendant in the year 2001 which led to sitting of a Panchayat whereby the appellant/defendant was to handover possession which he failed to do so, and therefore, after serving another Legal Notice on 8.2.2007 the subject suit was filed.

(3.) The defence of the appellant/defendant was that the suit property was not owned by the respondent/plaintiff because the suit property was acquired by the Government by Award nos. 39 and 22 and possession was also taken by the government. The acquisition proceedings and the possession proceedings were of 1982-83. Accordingly, it was prayed that since the respondent/plaintiff was not the owner the suit should be dismissed.