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2012 Supreme(Del) 47

VALMIKI J.MEHTA
MADAN MOHAN – Appellant
Versus
CHANDER BHAN – Respondent


Advocates Appeared:
Mr. B.P. Sharma, Advocate.
Mr. Manoranjan and Mr. Anil Rakhar, Advocates.

Judgment

VALMIKI J. MEHTA, J. (ORAL)

1. The challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 7.7.2008 by which the suit of the respondent/plaintiff/father for possession, damages and permanent injunction was decreed against the appellants/defendant Nos. 1 and 2, who are the son and his wife (i.e. daughter-in-law of the respondent).

2. The brief facts of the case are that the respondent/plaintiff filed the subject suit for possession, damages and permanent injunction against the appellants/defendant Nos. 1 and 2 on the ground that the respondent/plaintiff was an absolute owner of the property No. 105-A/1, Village Begumpur, Post Office Malviya Nagar, New Delhi. It was pleaded that the ownership of the respondent/plaintiff was proved by the judgment and decree dated 22.1.2002 passed by the Court of Sh. I.C. Tiwari, Additional District Judge, Delhi in Suit No. 69/1998 titled as Shri Chander Bhan v. Shri Amar Chand & Ors. It is pleaded that the property is mutated in Municipal Corporation of Delhi (MCD) records in the name of respondent/plaintiff and house tax was


















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