IA No. 12579/2014

1. This is an application filed by the plaintiff under Order 12 Rule 6 CPC seeking a decree of possession and leaving the issue of damages, mesne profits, etc. to be decided on merits.

2. The plaintiff has filed the accompanying suit seeking a decree of possession regarding the suit property bearing No. E-39A, East of Kailash, New Delhi-110065 and other reliefs of damages, mesne profits, etc. It is the contention of the plaintiff that she is a senior citizen aged 88 years and the absolute owner of the suit property vide perpetual lease deed dated 02.04.1971. The property was converted into a freehold vide conveyance deed dated 17.01.2005. As per the plaint in 2008 defendant No.1 who is the plaintiff’s nephew (son of her elder brother) who was residing in Canada came back to India and on whose request, the plaintiff permitted defendant No. 1 to reside in a portion of the suit property as he had no suitable accommodation to reside in. He was said to have been residing in the front portion of the ground floor and lower ground floor. It is urged that the defendant became dishonest, broke upon the locks, illegally trespassed and took illegal possession of th