Valmiki J. Mehta, J. (Oral)

1. The challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure (CPC), 1908 is to impugned judgment of the Trial Court dated 30.3.2010. By virtue of the impugned judgment, the Trial Court decreed the suit of the respondent/plaintiff by declaring the sale deed dated 24.3.2005, Ex.DW1/2, executed in favour of the appellant/defendant as null and void. The Trial Court consequently held the respondent/plaintiff entitled to possession of the suit property being B-29/30/1, Friends Colony Industrial Area, Jhilmil Tahirpur Colony, Ilaqa Shahdara, Delhi-95. The appellant was also restrained from selling, etc. the suit property. The suit of the respondent/plaintiff for mesne profits was however dismissed.

2. The facts of the case are that the respondent as a seller and the appellant as a buyer entered into a registered sale deed with respect to the property admeasuring 67 square yards bearing No. B-29/30/1, Friends Colony Industrial Area, Jhilmil Tahirpur Colony, Ilaqa Shahdara, Delhi-95. Under this registered sale deed, the appellant/defendant received possession of the suit property. The appellant/defendant/buyer paid a sum of