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2018 Supreme(Del) 3247

VALMIKI J.MEHTA
Vikas Wadhwa – Appellant
Versus
Pardeep Kumar – Respondent


Advocates Appeared:
Rajesh Banati, Adv., Ankit Banati, Adv., Brahmanand Gupta, Adv., Ajay Kumar, Adv.

JUDGMENT :

Valmiki J. Mehta, J.

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 04.05.2017 by which the trial court has dismissed the suit filed by the appellant/plaintiff for recovery of possession of the suit property bearing no. D-213, JJ Colony, Shakur Pur, Delhi (hereinafter "suit property").

2.

2(i). The facts of the case are that the appellant/plaintiff pleaded that he had purchased the suit property from the owner/sellerSmt. Vaikunthi Devi by usual Documentation dated 26.04.2001 which included the Agreement To Sell, Power Of Attorney, Receipt, Possession Letter, etc. The Power Of Attorney and the Will were registered before the Sub-Registrar.

2(ii). It was pleaded that the original owner/allottee was Sh. Lachoo Ram who sold the suit property to Smt. Vainkunthi Devi on 19.10.1987 and thereafter the appellant/plaintiff purchased the suit property. On purchase of the suit property, Smt. Vainkunthi Devi asked the appellant/plaintiff to create a tenancy in her favour and therefore a tenancy was created by the execution of a Rent Deed in favour of the husband of

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