RANJEET SINGH Vs. NANKI DEVI AND ORS

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 19th September, 2016 in RCA No.08/2016 (new RCA No.661445/2016) of the Court of Additional District Judge (ADJ)-16, District Central, Tis Hazari Courts, Delhi] of dismissal of the First Appeal under Section 96 of the CPC filed by the appellant / defendant against the judgment and decree [dated 4th October, 2013 in Suit No.438/2007 of the Court of Civil Judge, District West, Tis Hazari Courts, Delhi] in favour of the predecessor of the respondents / plaintiffs and against the appellants / defendants, declaring the predecessor of the respondent / plaintiff to be having equal share as the appellant in property No. N-52, Andha Mughal, Pratap Nagar, Delhi and further declaring that the sale transaction by the appellant / defendant in favour of the respondent no.2 / defendant Rajpal @ Pappu, on the basis of mutation carried out by the respondent no.3 / defendant Land and Development Office (L & DO) in respect of the property was illegal and null and void and further holding the predecessor of the respondent no.1/plaintiff to be entitled to get physical possession of the property to the same extent as the other heirs of Ganga Ram.

(2.) The appeal came up first before this Court on 7th February, 2017 when, without indicating the substantial question of law, if any arising, notice thereof was ordered to be issued and the Trial Court record requisitioned. Though the respondents / plaintiffs were served but the respondent no.1 / plaintiff has not appeared and today only the counsel for the respondent / defendant no.3 L & DO appears.

(3.) The counsel for the appellant / defendant has been heard on admission of the Second Appeal, which can be entertained only on a substantial question of law. The Trial Court record requisitioned has also been perused.