JAMILA BEGUM Vs. HEENA ANSARI

JUDGEMENT

(1.) Exemption allowed, subject to just exceptions. C.M. stands disposed of. RFA No. 705/2017 and C.M. Appl. Nos. 28091/2017 (under Order 20 Rule 6A(2) r/w Section 151 CPC, 28092/2017 (for placing additional documents on record) & 28093/2017 (for stay)

(2.) This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the trial court dated 6.5.2017 by which the trial court has decreed the suit for recovery of possession and mesne profits with respect to the suit property bearing no. 28, consisting of ground floor, tin shed with pillars situated at Batla House, Jamia Nagar, Okhla, New Delhi-110025.

(3.) The facts of the case are that the respondent/plaintiff filed the subject suit for possession, mesne profits, etc. with respect to the suit property pleading that the suit property was purchased by her from the previous owner, Sh. Jameel Ahmed by means of the usual documentation being the Agreement to Sell, Power of Attorney, Will, Receipt, etc. dated 13.6.2011 for a consideration of Rs.17,00,000/-. It was further pleaded that the respondent/plaintiff has with her the complete chain of ownership documents with respect to the suit property. It was further pleaded in the plaint that the husband of the appellant/defendant, who is the brother-in-law of the previous owner Sh. Jameel Ahmed, had come to Delhi from Mumbai in the year 2004 for getting medical treatment and since he had no suitable residence Sh. Jameel Ahmed had allowed the husband of the appellant/defendant Mohd. Saleem to take temporary shelter in the suit property. It was further pleaded in the suit that Mohd. Saleem had fraudulently got electricity connection in the suit property but the said connection was thereafter got disconnected by the electricity authority BSES RPL on the complaint made by the respondent/plaintiff. It is further pleaded in the plaint that appellant/defendant had earlier filed a suit for permanent injunction bearing No. 45/2013 (old no. 77/2012) and in this earlier suit the erstwhile owner Sh. Jameel Ahmad had admitted that he had sold the suit property to the respondent/plaintiff. This suit was accordingly disposed of by the Civil Judge on 2.7.2013. Since the appellant/defendant failed to vacate the suit property the subject suit came to be filed.