JAI SINGH KANWAR & ORS Vs. ANIL GOEL

JUDGEMENT

(1.) C.M. No.36931/2018(exemption)

(2.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit impugning the Judgment of the Trial Court dated 31.05.2018 by which the trial court has decreed the suit for possession and injunction filed by the respondent/plaintiff with respect to the suit property measuring 500 sq yds out of Khasra no.122, situated at Village Babarpur, Opposite to Mala Devi School, in the abadi of Chhajjupur, Illaqa Shahdara, Delhi, marked in red colour in the site plan.

(3.) The facts of the case are that the respondent/plaintiff pleaded that he had purchased the suit property in terms of the documentation dated 20.11.2001 from one Sh. Santosh Kumar. Sh. Santosh Kumar had purchased the suit property from Sh. Om Singh Kanwar, father of the appellants/defendants in terms of the documentation dated 07.09.1992. Respondent/Plaintiff claimed that out of the set of documents dated 07.09.1992, executed by Sh. Om Singh Kanwar, in favour of Sh. Santosh Kumar, two documents being the Will and Power of Attorney were registered before the SubRegistrar. The respondent/plaintiff pleaded that possession of the suit property was handed over by Sh. Om Singh Kanwar to Sh. Santosh Kumar and thereafter Sh. Santosh Kumar delivered possession of the suit property to the respondent/plaintiff. The appellants/defendants, however, trespassed into the property and started undertaking construction. Despite a police complaint being made by the respondent/plaintiff on 01.10.2011, the appellants/defendants did not hand over possession back to the respondent/plaintiff, and thereafter the subject suit was filed pleading that appellants/defendants are land grabbers and well known politically linked persons.