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2018 Supreme(Del) 1078

VALMIKI J.MEHTA
Sunita Gangwal – Appellant
Versus
Chottey Lal – Respondent


Advocates Appeared:
For the Appellant : Ms. Kadambari Puri, Ms. Sarika, Mr. Lokesh Malik
For the Respondents: Ms. Gita Dhingra

JUDGMENT :

VALMIKI J. MEHTA, J.

1. This Regular First Appeal under Section 96 of the Civil Procedure Code, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the trial court dated 13.02.2015 whereby trial court has decreed the suit of the respondent/plaintiff filed seeking possession of the suit property being the entire ground floor of House No. I-2/182/183, Madangir, New Delhi as shown in red and green colour in the site plan Ex.PW1/6. Damages/mesne profits were also granted at Rs.2,000/- per month pendente lite and future till handing over possession of the suit property.

2. The facts of the case are that the respondent/plaintiff filed the subject suit for possession and mesne profits with respect to the suit property pleading that he was owner of the suit property in terms of the usual documentation being the agreement to sell, power of attorney, receipt etc dated 20.06.1981 (Ex.PW-1/1 to Ex.PW-1/4). In the plaint, it was pleaded that the appellant/defendant persuaded her husband, being the son of the respondent/plaintiff, to separate from his parents













































































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