JUDGE CHAWLA Vs. VINAY CHHABRA & OTHERS

JUDGEMENT

(1.) On 12th Feb., 2019, when this suit came up before this Court, the following order was passed:-

(2.) Today, the counsel for the defendant no.1 has argued, (i) that Ashok Kumar and Sunil Kohli supra referred to in the order aforesaid are not applicable because in those cases, the suit, besides for the relief of recovery of possession, was also for the relief of declaration and it was in the said context that it was held that the limitation provided for a suit for possession would apply; however in the present suit the plaintiff has only claimed possession and there is no relief of declaration qua the sale deeds in favour of the defendant no.1 and his predecessor in title defendant no.2; (ii) that the plaintiff is a bonafide purchaser and the said plea requires trial; and, (iii) that the plaintiff, in para 36 of the plaint has admitted that the defendant no.1 has raised construction over the property and the defendant no.1 is liable to be compensated in the sum of about Rs.30 to 40 lacs spent by him on the said construction.

(3.) No merit is found in any of the aforesaid contentions.