RAJIV SAHAI ENDLAW
ASHOK KUMAR – Appellant
Versus
MOHD. RUSTAM – Respondent
1. This appeal under Section 96 of the Code of Civil Procedure (CPC), 1908 impugns the order dated 4th April, 2015 of the Court of Sh. Devender Kumar Jangala, Additional District Judge-07/West/Delhi of dismissal in limine as barred by time Suit No.23/2015 filed by the appellant for the reliefs of (i) declaration of the title of the appellant/plaintiff to property no.B-425, JJ Colony, Raghubir Nagar, New Delhi; (ii) of possession of the aforesaid property; (iii) of injunction restraining the respondents/defendants from transferring alienating or creating third party rights in the property; and, (iv) for recovery of damages for use and occupation.
2. It was the averment of the appellant/plaintiff in the plaint (i) that he had purchased the said property through the medium of Agreement to Sell, Power of Attorney and Will etc. on 7th September, 1994 and was put into possession thereof; (ii) that on request of the seller Sh. Nathu Ram, the property was let out to him vide Rent Agreement/Rent Note of the same date i.e. 7th September, 1994; (iii) that the said Shri Nathu Ram died and his family continued to stay in the property; (iv) that the appellant/plaintiff renovated the fir
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