MOHD RAFIQ Vs. SHOBHA AGGARWAL

JUDGEMENT

(1.) The present appeal arises out of judgment and decree dated 26th December, 2016 by which a decree of possession and injunction was granted in favour of the Respondent/Plaintiff Mrs. Shobha Aggarwal (hereinafter "Plaintiff") against the Appellant/Defendant Mohd. Rafiq (hereinafter "Defendant") in the following terms:

(2.) The Plaintiff had filed a suit for possession, permanent injunction and recovery of rents based upon rent agreement dated 25th May, 2009 for property bearing no. RZ-13/350, West Sagar Pur, New Delhi admeasuring 25 Sq. yds. built upto second floor (hereinafter "suit property") on a rent of Rs.2000/- per month for a period of 11 months i.e. from 25th May, 2009 to 24th April, 2010. It is the Plaintiff's case that the Defendant paid rent only for one month. Upon demand, the Plaintiff claimed that the Defendant issued a cheque for Rs.1,52,600/-, which was dishonoured. Despite repeated requests the Defendant did not vacate the suit premises and accordingly, a suit seeking possession and recovery of a sum of Rs.2,67,200/- and injunction was filed.

(3.) The Defendant filed his written statement and in brief his case was that the suit property was sold to him by the Plaintiff. He relies on a bayana receipt dated 24th July, 2007 to plead that there was a transaction of sale between the parties. The bayana amount paid was Rs. 50,000/-. He further submitted that an additional Rs.1 lakh was given to the Plaintiff through her brother, which is also acknowledged at the back of the bayana receipt. The Defendant further states that the Plaintiff did not execute the sale documents and started demanding further amount of Rs.3 Lakhs. He claimed that the Plaintiff became dishonest as she received an offer for a higher amount and hence the sale transaction did not go through.