OMKAR SINGH BHANDARI Vs. DHANNA DEVI

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908(CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 15.2.2016 by which the trial court has dismissed the suit without trial and at the stage of pleadings. Trial court has dismissed the suit by holding that if the appellant/plaintiff purchased from the seller-Rubina Rais the suit property, but since Ms. Rubina Rais did not purchase the suit property from the earlier owners, therefore, the appellant/plaintiff would not be the owner of the suit property i.e the top floor above the second floor being the third floor of the Janta Flat bearing No. 280-C/A6, Top Floor, Paschim Vihar, Delhi.

(2.) The chain of undisputed title documents is as under:-

(3.) Trial court has dismissed the suit by observing that since what was sold by the aforesaid documentation was only the second floor without the top floor i.e the terrace floor/third floor above the second floor was not the subject matter of documentation, hence the appellant/plaintiff could not have purchased the suit property being the top floor i.e the third floor over the second floor which was first sold by Sh. Mohan Singh to Smt. Dhanna Devi and ultimately came to be owned by the appellant/plaintiff.