SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(Del) 678

RAJIV SAHAI ENDLAW
Ashok Kumar – Appellant
Versus
Mohd. Rustam – Respondent


Advocates:
Advocate Appeared:
Mr. Anuj Jain with Mr. A.K. Awasthi, Advs.
Mr. O.P. Jatav, Adv.

JUDGMENT :

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































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top