Gita Mittal, J:

1. What is not the pleaded, cannot be proved, what is admitted need not be proved. It is this fundamental principle which binds every court. It is this very principle which shall be violated if the present appeal is accepted.

2. On the 28th of July, 2009, the appellant had filed CS(OS)No.1397/2009 against the respondent. For the purpose of convenience, we propose to refer to the parties as plaintiff and defendant in the present judgment. Besides the residual prayer, the plaintiff sought the following prayers:

“a) Pass a decree in favour of the plaintiff and against the defendant directing the defendant to execute the sale deed and/or all necessary documents for transferring the flat no.7430, Sector B10, Vasant Kunj, New Delhi 110070 in favour of the plaintiff.

b) pass a decree of permanent injunction in favour of the plaintiff and against the defendant restraining the defendant from taking forcible possession of the flat no.7430, Sector-B-10, Vasant Kunj, New Delhi – 110070 from the plaintiff, or to do any act that may hinder a peaceful occupation and enjoyment of the said flat by the plaintiff”

3. The defendant filed a written statement and the matter was