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2018 Supreme(Del) 648

VALMIKI J.MEHTA
Rekha Gupta – Appellant
Versus
Ashok Kumar – Respondent


Advocates Appeared:
For the Appellant : Mr. Sanjay Beniwal, Adv.

JUDGMENT :

VALMIKI J. MEHTA, J

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the trial court dated 18.9.2017 by which the trial court has rejected the plaint under Order VII Rule 11 CPC in the suit filed for recovery of possession, mesne profits and damages. The suit property is a flat bearing no. D-192, Gali No.2, West Vinod Nagar, Delhi-110092.

2. The facts of the case are that the appellant/plaintiff claims ownership of the suit property in terms of the documentation being the Agreement to Sell, Power of Attorney, Will etc dated 20.7.2013 executed by Sh. Rameshwar Dayal. Appellant/plaintiff is the daughter-in-law of Sh. Rameshwar Dayal being the wife of Sh. Mukesh Gupta who is the son of Sh. Rameshwar Dayal. Defendant no.1 in the suit Sh. Ashok Kumar, is the other son of Sh. Rameshwar Dayal, and the defendant no.2 is the wife of the defendant no.1. Appellant/plaintiff has pleaded that on 9.8.2015 the respondents/defendants dispossessed the appellant/plaintiff from the suit property. By the subject suit therefore the appellant/plaintiff by pleading that she is the bonafide purc







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