AAS MOHAMMAD Vs. SABIHA AKHTAR

JUDGEMENT

(1.) The appellant vide the present Regular Second Appeal No.54/2019 assails the impugned judgment dated 22.01.2019 of the learned ADJ-04, South District, Saket Courts in Regular Civil Appeal No.71/2018 vide which the appeal RCA 71/2018 against the judgment and decree dated 31.07.2018 of the learned trial Court of the ASCJ-JSCC-GJ (South), Saket Courts in CS No.83348/2016,- was dismissed holding it to be not maintainable.

(2.) Vide judgment dated 31.07.2018 in a suit filed by the plaintiff i.e. the respondent herein against the defendant i.e. the appellant herein contending to the effect that he is the absolute owner of the property i.e. 3rd floor of property bearing no. 59-C, measuring 26 Sq. meters in Khasra No. 288/249/2 in the Abadi of Lal Dora in village Kalu Sarai, Tehsil Hauz Khas, New Delhi (herein after referred as 'suit property') specifically shown in red colour in the site plan attached to the said plaint and that the suit property was built up with first floor to fourth floor with roof right comprising of one bedroom, one bathroom cum one kitchen on each floor and the plaintiff/ respondent herein was the owner of the 1st, 2nd, 3rd and 4th floor along with terrace right and that the plaintiff/ respondent herein was contended to be already in use and possession of 1st, 2nd, and 4th floor and that the suit property had been let out to the defendant and the plaintiff/ respondent herein had purchased the suit property with roof rights from the defendant/appellant herein on 28.10.2014 for a total sale consideration of Rs.7 lakhs vide a sale deed dated 28.10.2014 duly registered with Sub Registrar-V, New Delhi vide registration no.6285 in Book No. 1, Volume No. 853 and page no. 105 to 110 and ratification deed dated 28.10.2014 vide registration no. 5970 in book no. 1, volume no. 832 and page no. 31 to 33 and after purchase of the property, the peaceful possession of the suit property was handed over to the plaintiff/ respondent herein.

(3.) The further facts as set forth by the learned trial Court in its judgment dated 31.07.2018 are to the effect: