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2016 Supreme(Del) 3480

VALMIKI J.MEHTA
L. M. WALTER (SINCE DECEASED) THROUGH LRS. – Appellant
Versus
ONKAR GIRI (NOW DECEASED) THROUGH LRS. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Muneesh Malhotra, Advocate with Mr. Rituraj Shahi, Advocate.
For the Respondent:Ms. Kajal Chandra, Advocate with Ms. Prerna Chopra, Advocate

JUDGMENT :

VALMIKI J. MEHTA, J

1. This Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the Judgment of the First Appellate Court dated 5.6.2010 by which the first appellate court has reversed the Judgment of the Trial Court dated 17.11.2004 decreeing the suit for possession filed by the plaintiff, and who is now represented by the appellants and who are his legal heirs. In view of the setting aside of the judgment of the trial court by the first appellate court, the suit for possession filed by the plaintiff/appellants stood dismissed. The suit for possession was filed with respect to suit property admeasuring 165 sq yds comprising of two rooms, bathroom, latrine with boundary wall bearing original no.1442C/1A/2 (new no.1/3648, Bhagwanpur Khera, Loni Road, Shahdara, Delhi).

2. The case of the plaintiff/appellants was that the plaintiff purchased rights in the suit property under the documents being an Agreement dated 9.4.1975 (Ex.PW2/1) and receipt of the same date Ex.PW1/A. Rights in the property were purchased by the plaintiff from one Mohd. Asghar. Mohd. Asghar had purchased the property from one Sh. Gajraj Singh who had remained in

























































































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