Prathiba M. Singh, J.

CM APPL. 12566/2017 (delay)

1. The delay in filing of the application for restoration of appeal is condoned. The appeal is restored. Application is disposed of.

RFA 343/2012 & CM APPL. 12565/2017

2. The present appeal arises out of the impugned judgment and decree dated 17th September, 2011 by which the Plaintiff/Appellant’s (hereinafter, ‘Plaintiff’) suit for declaration, confirmation of possession and injunction was dismissed by the Trial Court.

3. The brief facts are that the Respondents No.1 and 2- Sh. Bhanwar Lal Sharma (hereinafter, ‘D1’) and Smt. Shakuntla Sharma (hereinafter, ‘D2’) were allotted plot no.113, Pocket-A, Sector-29, Rohini, Delhi by the DDA (hereinafter ‘plot’). Subsequent to the said allotment, three Bayana receipts have been executed seeking to transfer rights in the plot.

4. Bayana receipt no.1 dated 21st September, 2004 was executed between D-1 and Sh. Harish Kumar (hereinafter ‘D-3’) whereby D-1 accepted Bayana amount of Rs.75,000/- towards sale of the plot for a total consideration of Rs.3,50,000/-.

5. The second Bayana receipt dated 24th September, 2004 was executed between D-3 and Sh. Chander Mohan Sharma (hereinafter ‘D-4’) whe