ANOOP SHARMA & ANR Vs. PUSHPA SHARMA

JUDGEMENT

(1.) The petitioners vide the present petition assail the impugned order dated 21.04.2018 of the learned First Appellate Court of the ADJ04, New Delhi in RCA DJ No.56/17, vide which an application under Order 41 Rule 27 of the CPC filed by the appellants seeking to lead additional evidence, was declined, observing to the effect that the appellants through their written statement had stated that the plaintiff i.e. respondent to the appeal had gifted the front portion of the suit property measuring about 100 square meters to the defendant no.1 i.e. the appellant no.1 and that the plaintiff i.e. the respondent had executed a gift deed of the said house and thus, as the appellant no.1 had sought to retain his right in the suit property on the basis of the said gift deed having done so, the appellants could not be permitted to challenge the title deed of the plaintiff i.e. the respondent herein by leading any additional evidence and that thus, the appellants had failed to show that there was any merit in the prayer made by the appellants through the application under Order 41 Rule 27 of the CPC.

(2.) The matter was vide the impugned order directed to be listed for oral arguments as also for arguments on an application under Section 151 of the CPC that had been filed by the appellant on 26.09.2017 requesting that the GPA of one Sh. Sunder Lal from the Office of the Registrar be summoned in as much as vide order dated 27.10.2017, the predecessor Appellate Court had directed that the said application would be decided along with the appeal and thus, the matter was renotified for oral arguments on the appeal as well as on that application filed on 26.09.2017.

(3.) Notice of the petition had been issued to the respondent who put in appearance and contested the petition. The records put forth indicate that the respondent/plaintiff had on 11.11.2014 filed a suit for mandatory and permanent injunction against the defendant nos.1 & 2 i.e. the appellants herein seeking grant of a mandatory and permanent injunction which suit was vide judgment dated 05.06.2017 decreed for the grant of permanent and mandatory of ejectment of the defendants i.e. the appellants herein from the portion of the suit property which was in their occupation, it having been observed by the learned Trial Court that the plaintiff of the suit (i.e. the respondent herein) who is the mother of the defendants of the suit i.e. the mother of the appellants herein was the registered owner of the suit property bearing no.RZ-761 measuring 200 square yards Gali no.4, Main Sagarpur, Delhi, in which the defendant no.1, her son with his wife i.e. defendant no.2 i.e. the appellants herein were living as licensees, which licence had been terminated by the mother of the defendant no.1 on 20.05.2014 and notice to that effect was also issued to the defendant no.1 as well as in the newspapers.