RAM RATI DEVI Vs. RADHEY SHYAM

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment and decree dated 7th November, 2014, passed by the Trial Court, by which the Plaintiff's suit for possession and injunction has been decreed in the following terms:

(2.) The Trial Court granted a mandatory injunction and possession in respect of the suit property being E-21/255, measuring 74 sq. yds., Amar Colony, Harijan Basti, Shakti Garden, Delhi.

(3.) The suit was filed by Plaintiff - Sh. Radhey Shyam against his wife Smt. Ram Rati Devi - Defendant No.1, her brother Sh. Bal Kishan - Defendant No.2, BSES - Defendant No.3 and the Sub-Registrar, Seelam Pur - Defendant No.4. The case of the Plaintiff is that he and his wife have been divorced as per decree dated 3rd May, 2008. The couple have a daughter, Smt. Sonia. On the strength of the General Power of Attorney, Agreement to Sell, Receipts and Will dated 17th November, 2000 executed by Smt. Naseem Bano in his favour, he claims ownership on the suit property. The GPA is a registered document No.59947, Volume No.6945, Book No.4, on pages 10 to 12 dated 17th November, 2000 registered with the defendant No.4/Sub Registrar, Seelampur, Delhi. The title to the property is traced back to another set of documents dated 1st June, 1995 from one Sh. Rakesh Kumar to Smt. Naseem Bano.