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2018 Supreme(Del) 1714

PRATHIBA M.SINGH
Maina Devi – Appellant
Versus
Rati Ram – Respondent


Advocates Appeared:
For the Appellants : Mr. Apurb Lal, Mr. Daleep Singh, Mr. S.N. Gautam.
For the Respondents: Ms. Neha Kapoor, Ms. Alka Sharma.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. The Appellant/Plaintiff (hereinafter Plaintiff) Smt. Maina Devi entered into a transaction for purchase of property bearing No. (old) 624/29 (new no. B3) area measuring 213.5 sq. yds. out of Khasra No. 256/1 situated in the abadi village Ghonda Gujran Khadar colony known as Bhajan Pura Illaqa Shahdara, Delhi-110053 (hereinafter suit property) from her brother Sh. Rati Ram and his wife Smt. Jai Rani the Respondents/Defendants (hereinafter Defendants). Agreement to Sell dated 1st October, 1987, GPA, Affidavit in support and lease were executed. She claimed that vacant and peaceful possession of the property was handed over on the same day and she constructed a boundary wall.

2. It is her case that on the night of 11th/12th October, 1991, the Defendants demolished the boundary wall and occupied the same illegally and forcefully. Immediately, a complaint was lodged with the police in PS Bhajan Pura and under the security provide by the DCP, the boundary wall was constructed again. However, on 22nd/23rd, October, 1991 in the night, the boundary wall was again demolished. On the very same day i.e., 23rd October, 1991, her husband and son Sh. H.R. Gola and
























































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