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2015 Supreme(Del) 1700

VIPIN SANGHI
BHAGWAN SINGH – Appellant
Versus
MODERN SCHOOL – Respondent


Advocate Appeared:
For the Appellant :Mr. Kunwar C.M. Khan and Ms. Ashma Chaudhary, Advocates
For the Respondents:Ms. Raavi Birbal and Mr. Ravindra Kumar, Advocates

JUDGMENT :

VIPIN SANGHI, J.

Cav No.783/2015

Since the caveator has put in appearance, the caveat stands discharged.

RSA 277/2015 & C.M. Nos.13351-52/2015

1. The present second appeal is directed against the judgment dated 25.04.2015 passed by learned ADJ-02, Patiala House Courts, New Delhi in RCA No.10/2009, whereby the First Appellate Court has allowed the said appeal preferred by the respondents/defendants in the suit and set aside the decree passed in favour of the appellant/plaintiff by the Trial Court vide

judgment dated 21.07.2007, thereby declaring that the plaintiff is entitled to occupy the suit premises, i.e. Quarter No.22, Modern School Compound, Barakhamba Raod by adverse possession.

2. The father of the plaintiff Sh. Avtar Singh was in employment with the respondent school. He retired from service on 30.06.1991. As an incidence of his employment, Sh. Avtar Singh was provided accommodation, i.e. the suit property on license basis for his residence so that he is able to discharge his duties. Sh. Avtar Singh expired on 10.05.2003. After the demise of Avtar Singh, the defendant school filed a civil suit for recovery of possession along with arrears of mesne profits, future mes





















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