RAJPAL SINGH Vs. INDRAPRASTHA BUILDER PVT. LTD.

JUDGEMENT

(1.) C.M. Appl. No. 32652/2017 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. RFA No. 770/2017 and C.M. Appl. No. 32651/2017 (for stay)

(2.) The facts of the case are that the subject suit was filed by the appellants/plaintiffs seeking the reliefs of declaration, possession and recovery of moneys. The prayer clauses of the plaint read as under:-

(3.) In essence the cause of action pleaded in the subject plaint is for the appellants/plaintiffs to succeed in possession and mesne profit, etc. as per Section 111(g) of the Transfer of Property Act, 1882, which provides that if a tenant denies title/ownership of the landlord of the tenanted premises, then the tenancy comes to an end. Relevant paras of the cause of action of the plaint with respect to Section 111(g) of the Transfer of Property Act are paras 12 and 27 and which paras read as under:-