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2021 Supreme(Del) 1941

RAJIV SHAKDHER
Laxman Singh – Appellant
Versus
Ram Kumar Sharma – Respondent


Advocates appeared:
Dushyant Chaudhary, Advocate, Ashish Aggarwal, Advocate

JUDGMENT

Rajiv Shakdher, J. - This is a second appeal preferred against the judgment dated 06.10.2020, passed by the District and Sessions Judge, Shahdara District Court, Karkardooma, Delhi (in short 'First Appellate Court'). The First Appellate Court via the impugned judgment has dismissed the appeal of the appellant herein and thereby confirmed the judgment of the trial court dated 20.02.2018.

2. The backdrop, in which the instant appeal has been filed, is broadly noticed hereafter.

    2.1 The respondents before this court are the original plaintiffs. The respondents are husband and wife. The respondents filed a suit for recovery of possession, damages and permanent injunction against the appellant i.e. the original defendant.

      2.2 The case set up by the respondents was that they are owners of the suit property which is described as A-181, Gali No.6, opposite MCD office, Bank Colony Road, Mandoli Extension, Delhi-93, located in Khasra No.381, admeasuring 100 sq. yds(in short "suit property").

        2.3 It was claimed before the trial court that respondent no.1/plaintiff no.1 had purchased a parcel of land admeasuring 50 sq. yds. in 1989 and that respondent no.2/plaintiff no.2 had bought the ot

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