Possession alone decides in a suit for possession or injunction against dispossession. Settled possession entitles a person to injunction, and lack of evidence to dispute possession supports the court's decision.

JUDGMENT (Oral)

1. Suit 488/2017 was instituted by the respondent Wahid Malik against the appellants Saleem and others. The respondent, as plaintiff, claimed to have purchased a property admeasuring 90 sq. yds. located in Khasra No. 67-68, Gali No. 27, Jafrabad, Delhi-110053 ("the suit property") for a consideration of Rs.6 lakhs from its previous owner, under a general power of attorney (GPA), agreement to sell, receipt, Will and affidavit duly notarized by the notary public in the presence of witnesses. The plaint asserted that the respondent was in peaceful possession of the suit property and was using the suit property as a godown.

2. The plaint alleged that, on 28th April 2017, the petitioners- defendants broke the locks on the suit property and effected forcible ingress. This misfeasance, it was alleged, was repeated by the petitioners on 1st May 2017. The plaint also alleged that the petitioners had extended verbal threats to the respondent, resulting in the respondent having to lodge a written complaint at PS Jafrabad on 4th May 2017. As no action was taken by the police authorities, the respondent claimed to have been constrained to approach the learned Trial Court. The respondent prayed for a decree of permanent injunction in favour of the respondent and against the petitioners, restraining the petitioners from trespassing on the suit property or breaking the locks thereon and from dispossessing the respondent from the suit property without following due process of law.

3. The petitioners filed a written statement, by way of response to the aforesaid suit of the respondent. The written statement alleged that the respondent was neither the owner, nor in possession, of the suit property. The assertion of the respondent, that he had purchased the suit property from the previous owner under GPA, agreement to sell, Will and receipt dated 14th August 2003 was also denied in para 2 of the written statement, which reads thus:

"2. That the contents of para 2 of the plaint are wrong and hence denied. It is wrong and denied that on 14.08.2003 the plaintiff has purchased the suit property admeasuring 90 sq.yds. vide Khasra no. 67-68, bearing no.709, Gali no. 27, Jafrabad, Delhi-53 for a consideration amount of Rs. 6,00,000/- from its previous owner namely Sh. Mohammeddeen son of Sh. Bundu by virtue of GPA, Agreement to sell, Receipt, Will and Affidavit which is duly notarized by notary public in the presence of witnesses. It is submitted here that the photocopy of the title documents attached with the plaint are forged and fabricated documents by the plaintiff and because of the same reason the said documents have no authenticity in the eye of law. It is also submitted here that on the basis of the said documents the plaintiff has no right, title or interest in the suit property. Even the plaintiff is not in possession of the suit property and thus, the suit of plaintiff is liable to be dismissed on this ground alone. The site plan filed by the plaintiff is also not correct. The plaintiff should be put to the strict proof of the allegations made in the para under reply."

4. The petitioners further claimed that the suit property was their ancestral property and consequently, claimed titular rights in respect thereof, in para 6 to 8 of the written statement. Needless to say, all allegations of the petitioners having ever tried to effect forcible ingress into the suit property were also denied.

5. The respondent filed a replication to the written statement of the petitioners, broadly reiterating the contents of the plaint and denying the assertions, to the contrary, in the written statement.

6. Consequent to completion of pleadings, the respondent-plaintiff tendered, in evidence, the following documents which were duly exhibited:

(i) GPA (Ex. PW-1/A),

(ii) agreement to sell (Ex. PW-1/B),

(iii) receipt (Ex. PW-1/C),

(iv) affidavit (Ex. PW-1/E),

(v) site plain (Ex. PW-1/F),

(vi) receipt dated 23rd September 2003 issued by BSES in the