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2016 Supreme(Del) 2713

VALMIKI J.MEHTA
SHASHI BALA NAGPAL – Appellant
Versus
RAMA KANT SHAH – Respondent


Advocates Appeared:
For the Appellant :Mr. R.K. Saini, Advocate.
For the Respondent:Mr. Basant Kumar Singh, Advocate, Ms. Jyoti Tyagi, proxy counsel for Mr. Yeeshu Jain, Advocate for L&B.

JUDGMENT :

VALMIKI J. MEHTA, J.

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/plaintiff against the Judgment of the First Appellate Court dated 09.09.2014 by which the first appellate court has set aside the Judgment of the Trial Court dated 19.03.2014. Trial Court by its Judgment dated 19.03.2014 decreed the suit for possession and mesne profits filed by the appellant/plaintiff by holding that appellant/plaintiff cannot become the owner of the suit property by means of documentation of dated 12.04.1988, since appellant/plaintiff had a better entitlement to possession of the suit property than the respondent/defendant. The suit for possession was also decreed by holding that the case of the respondent/defendant was that he was a tenant in the suit property having been inducted by Sh. Satya Pal Singh and Sh. Ajit Singh, but, Sh. Satya Pal Singh and Sh. Ajit Singh deposed as PW2 and PW3 respectively in favour of the plaintiff/appellant deposing that they had not inducted respondent/defendant as a tenant in the suit property. The suit property is a property of approximately 70 sq. yds. shown in red colour in the site























































































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