SATISH KUMAR Vs. SARJO DEVI

JUDGEMENT

(1.) This appeal is preferred by the appellant/defendant No.1 against the judgment and preliminary decree dated 24.07.2018 passed by the learned Additional District Judge-5/South-West District, Dwarka Courts, Delhi (hereinafter referred as the learned Trial Court) in CS No.369/2017.

(2.) The brief facts that led to the passing of the impugned judgment dated 24.07.2018 are the respondent no.1/Smt.Sarjo Devi had filed Civil Suit for partition in respect of Jhuggi No.450, Indra Camp No.5, Vikas Puri, New Delhi (hereinafter referred as the 'Vikaspuri Property') and for permanent injunction against appellant herein claiming the appellant was though her son but given in adoption to Ram Kishan, the brother of her deceased husband and since then she had no contact with the appellant till the year 2016 when the appellant had come to her and had requested her to allow him to stay in her Vikaspuri property, which she allowed but later he refused to vacate it despite issuance of a legal notice 19.09.2016 to him by the respondent.

(3.) Appellant contested the suit and had filed written statement disputing the alleged adoption and claimed besides the Vikaspuri Property, late Prem Singh, his father and late husband of his mother/ respondent No.1 had also left behind yet another property bearing No.76/A, New Hari Krishan Nagar, Nilothi Extension, Delhi (hereinafter referred as the 'Nilothi Extension Property').