S.RAVINDRA BHAT
MOHD. FARJAM – Appellant
Versus
SARFARAZ AHMED – Respondent
S. Ravindra Bhat, J.- The applicant first defendant moves this Court, for rejection of the suit, on the ground that it is barred in law, citing Order 21 Rules 58 and 101 of the CPC.
2. The plaintiff claims to be owner of property ("suit property") being 190 square yards, part of Khasra No. 436/297, Batla House, Okhla, Jamia Nagar, which is shown in red in the site plan filed with the suit. The plaintiff claims that the third defendant was his predecessor in interest, with whom he (the plaintiff) entered into a transaction to purchase (the suit property), on 25.9.2003 and 26.9.2003, when a General Power of Attorney and a Will were executed and Rs. 3,00,000/ - were paid as consideration. It is stated that an agreement (to sell) was also entered, and that further, the predecessor in interest, third defendant put the plaintiff in possession of the suit property. The suit alleges that the suit property was an open piece of land, and formed part of a larger plot of 800 square yards. It is alleged that when this was the factual situation, the first defendant, claiming to be the landlord in respect of the said property, including the suit property, with the aid of the Court bailiff,
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