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2021 Supreme(SC) 991

AJAY RASTOGI, ABHAY S.OKA
Himalaya Vintrade Pvt. Ltd. – Appellant
Versus
Md. Zahid – Respondent


Advocates appeared:
For the Petitioner(s):Siddharth Bhatnagar, Malvika Trivedi, Sonia Dube, Shatadru Chakraborty, Kanchan Yadav, Surbhi Anand, Aditya Sidhra, Nadeem Afroz, Bhargavi Kannan, M/S. Legal Options, Advocates
For the Respondent(s):Gaurav Kumar Singh, Rajeev Kumar Gupta, Saifali, Bimlesh Kumar Singh, Hardik Ahluwalia, Advocates

ORDER :

1. Leave granted.

2. The appellant-defendant has approached to this Court assailing the order passed by Ld. Trial Judge and confirmed by the High Court on the application filed at his instance under Order VII Rule 11, Civil Procedure Code, 1908.

3. The facts on record are not in dispute. The appellant-defendant initially entered into an agreement to sell of the subject property in question on 23.02.2018 and after a formal deed of conveyance finally a sale deed was executed on 30.09.2019 and his right of ownership over the subject property in question became absolute.

4. The respondent no.1-plaintiff filed a suit with the following prayer:

    (a) for a declaration that the plaintiff is a lawful occupier as caretaker/servant of the sole owner of the A schedule property and occupier and adverse possessor of the B Schedule property.

    (b) for the permanent injunction restraining defendant to disturb or evict the peaceful possession of the plaintiff otherwise then the due course of law.

    Schedule A of property

    All that an area of land admeasuring 16 kh. 3 ch. 4 sq.ft. be the same and a little more or less with three storied residential building have each floor are 5000 Sq.ft. more or less and

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