SUBRATI Vs. MOHD NAIM

JUDGEMENT

(1.) C.M. Appl. No. 45267/2017 (for delay)

(2.) The facts of the case are that respondent/plaintiff claims to be the owner of the suit property on account of purchase of the suit property from the previous owner Mohd. Salim Qureshi by means of usual documentation dated 17.1.2011. Respondent/plaintiff pleaded that he had paid a sum of Rs.10,00,000/- to the previous owner Mohd. Salim Qureshi for purchasing of rights in the suit property. Mohd. Salim Qureshi had purchased this property from its previous owner Smt. Shamim Begum in terms of the usual documentation.

(3.) Appellant/Defendant was in possession of the suit property as he was the real maternal uncle of the seller Mohd. Salim Qureshi and on account of close relation was given license to occupy the suit property. As per the plaint, the seller Mohd. Salim Qureshi informed the respondent/plaintiff that the appellant/defendant would vacate the property whenever the respondent/plaintiff asked the appellant/defendant to do so. Respondent/plaintiff sent a legal notice for termination of tenancy on 20.3.2012 and thereafter filed the subject suit for possession, mesne profits and permanent injunction.