USHA RASTOGI Vs. NISHA RASTOGI

JUDGEMENT

(1.) Exemption allowed subject to just exceptions.

(2.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the concurrent judgments of the courts below; trial court dated 17.4.2017 and the first appellate court dated 3.6.2017; by which the courts below have decreed the suit for the relief of possession with respect to the ground floor of property no. 424, Gali Pan Wali, Farsh Bazar, Shahdara, Delhi. The suit was also decreed by granting a permanent injunction restraining the appellant/defendant from creating third party rights in the suit property.

(3.) The facts of the case are that respondent/plaintiff filed the subject suit seeking relief of possession and injunction by pleading that the appellant/defendant is the real sister-in-law of the respondent/plaintiff and that appellant/defendant approached the respondent/plaintiff in the year 2005 to support her and to provide her shelter. Appellant/defendant was therefore allowed to live in the suit property by the respondent/plaintiff. Respondent/plaintiff pleaded that when in May 2015 appellant/defendant was asked to vacate the suit property as the property is required for her son being a heart patient, however, the appellant/defendant instead of vacating the property she falsely claimed that she had purchased the suit property and had paid Rs. 4,38,000/- towards sale consideration of the suit property to the respondent/plaintiff on 2.3.2014. It was pleaded by the respondent/plaintiff that the amount in question was actually and only taken by the respondent/plaintiff from the appellant/defendant as a security and which was to be refunded on the appellant/defendant vacating the property and for which purpose a security agreement dated 2.3.2014 was entered into between the parties.