SURESH KUMAR Vs. KISHAN GUPTA

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the Trial Court dated 27.07.2017 by which the trial court has decreed the suit for possession and mesne profits filed by the respondent/plaintiff.

(2.) The facts of the case are that the respondent/plaintiff pleaded that he purchased the suit property from Sh. Yad Ram in terms of a registered Agreement to Sell and Purchase dated 16.04.2009. Respondent/Plaintiff paid a sum of Rs. 2,15,000/- in cash to the seller Sh. Yad Ram. The suit property is the DDA Flat bearing No.A-73-A, Ground Floor, Janta Flat, Raghubir Nagar, New Delhi.

(3.) The appellant/defendant contested the suit and pleaded that he was in fact a tenant in the property inducted by the original owner Sh. Yad Ram. It was pleaded by the appellant/defendant that Sh. Yad Ram had first entered into an agreement with him on 01.05.2004 whereby Sh. Yad Ram had received a sum of Rs. 3 lacs from the appellant/defendant so that the appellant/defendant could stay in the suit property without paying any rent. It was then further pleaded by the appellant/defendant that on 17.02009, Sh. Yad Ram contacted the appellant/defendant alongwith the respondent/plaintiff and one Mr. Mukesh Sharma and at that time Sh. Yad Ram agreed to transfer the ownership rights of the suit property in favour of the appellant/defendant for a total sale consideration of Rs. 5,30,000/-, and therefore an Agreement to Sell was executed in favour of the appellant/defendant on 27.02009. It was also pleaded that as per the Agreement to Sell dated 27.02009 a sum of Rs. 50,000/- was paid by the appellant/defendant to Sh. Yad Ram, and the balance sale consideration of Rs. 4,80,000/- was given with the amount of Rs. 50,000/- being paid in cash and the sum of Rs. 4,80,000/- being paid by bank draft. It was pleaded that however, Sh. Yad Ram failed to reach the office of the Sub-Registrar on 20.04.2009, where the respondent/plaintiff was present as a Mediator. Accordingly, the suit was prayed to be dismissed.