SANGEETA Vs. GEETA

JUDGEMENT

(1.) Rfa 244/2016 and C.M. Appl. No. 7894/2018 (for stay)

(2.) Appellant/Plaintiff filed the subject suit for possession of an area of 9.12 sq. yards from the respondent/defendant on the third floor and the fourth floor (terrace floor) of the property no. 190-A/1, back side Khasra No. 89, Village Masjid Moth, now known as Gautam Nagar, New Delhi, or in the alternative an amount of Rs. 16,22,600/- being the value of the area of 9.12 sq. yards. As per the plaint it is pleaded that both the parties to the suit are real sisters and they purchased by means of two Sale Deeds dated 27.4.2009 50 sq. yards each on the third floor and terrace floor of the aforesaid property, with the front portion of 50 sq. yards being purchased by the appellant/plaintiff in terms of her Sale Deed and the back portion of 50 sq. yards of the third floor and terrace floor purchased by the respondent/defendant in terms of her Sale Deed. The Sale Deeds were duly registered with the Sub-Registrar on 4.5.2009.

(3.) Appellant/Plaintiff pleaded that after demolishing the old structure on the third floor, both the sisters i.e. plaintiff and defendant, jointly constructed the third floor totaling to 100 sq. yards and each party thereafter moved into the possession of their constructed portion.