MEENU DEVI Vs. MOHINDER KUMAR SINGHAL

JUDGEMENT

(1.) BY this application under Order 39 Rule 1 and 2 CPC, the applicant has prayed for an interim direction that the defendants be directed to hand over the possession of flat no. 123 (1st floor), B 1-K, Pocket No. 7, Sector-7, Block-C, Rohini to the plaintiff. In the alternative, the defendants be directed to pay mesne profits @ Rs. 15,000/- per month to the plaintiff during the pendency of the suit.

(2.) PLAINTIFF filed this suit claiming that she had purchased the above said property on 22. 11. 1999 by means of a registered GPA, money receipt, spa, 'will', etc. for a sum of Rs. 90,000/- through Mr. K. K. Arora who had purchased this property from Sh. Anil Kumar who had in turn purchased this property from Sh. R. C. Chanana. She got some renovation work done in the property and locked the same. However, in the month of December, 1999 her father requested her that she should allow the defendant no. 1, her brother and his family to live in the property since they were interested in starting some business in Delhi. She agreed to give possession of the flat to her real brother, defendant no. 1 purely on license basis and she gave possession of the flat to her brother in December, 1999. Thereafter, when she asked defendant to vacate the premises he did not vacate and he retained the possession.

(3.) THE stand on the other hand of the defendant is that the defendant no. 1's wife was the owner of the property. She had purchased the property for a sum of Rs. 9,51,000/- and the deal was entered into on 27. 10. 1999 and was completed on 26. 11. 1999. In support of their respective claims both the parties relied upon certain documents which have been placed on record.