JUDGMENT :

Gaurang Kanth, J.

The Appellant in the present Appeal is impugning the judgment dated 05.01.2022 (“Impugned judgment”) in CS DJ No.209865/2016 passed by the Court of Ms. Geetanjali : ADJ-05, South East District, Saket Courts, Delhi titled as ‘Smt. Gunjan Kumar v. Shri Vipin Kumar Parwanda’ Vide the Impugned Judgment, the learned Trial Court was pleased to allow the Suit for Injunction and Possession filed by Respondent No.1.

FACTS GERMANE FOR THE ADJUDICATION OF THE PRESENT WRIT PETITION ARE AS FOLLOWS:

2. It is the case of Respondent No. 1 (Original Plaintiff in the Civil Suit) that the Appellant (Original Defendant No. 2 in the Civil Suit) and Respondent No. 2 (Original Defendant No. 1 in the Civil Suit) are wife and husband and they purchased a property i.e., plot bearing No. 139, Block A, Kalkaji Extension Scheme, New Delhi admeasuring 160 sq. meters from one Shri Prabhu Singh vide Agreement to sell and General Power of Attorney (GPA) both dated 24.04.1992. Further, the said property was converted from leasehold to freehold by the Appellant and Respondent No. 2 vide Conveyance deed dated 11.07.1994. Over the said land, the Appellant and Respondent No. 2 constructed a residential house, comprising of Basement, Ground Floor, First Floor and Second Floor.

3. It is further the case of the Respondent No. 1 that vide a General Power of Attorney dated 04.04.1995, Appellant authorized Respondent No. 2 to sell the aforesaid property and receive such sale consideration.

4. Pursuant to that, the Appellant and Respondent No. 2 expressed their interest to sell the ground floor of the aforesaid property and thereupon discussions were held with regard to that. On 01.11.2009, Respondent No. 2 entered into an agreement to sell with Mr. Ashwani Kumar/husband of Respondent No. 1 with respect to the ground floor of the property i.e., plot bearing No. 139, Block A, Kalkaji Extension Scheme, New Delhi (“suit property”), whereunder Respondent No. 2 agreed to sell the suit property to Mr. Ashwani Kumar/husband of Respondent No. 1 for a sale consideration of Rs. 22,50,000/- (Twenty-Two Lacs Fifty Thousand Only). Respondent No. 1 claims that on the same day, a sum of Rs. 12,50,000/- (Twelve Lacks Fifty Thousand Only) was paid in cash as part of payment/advance, to Respondent No. 2 against the total sale consideration of Rs. 22,50,000/-. Further, the balance sum of Rs. 10,000,00/- (Ten Lacs Only) was also received by the Appellant and Respondent No. 2 vide cheque bearing No. 884511 dated 15.01.2010. Respondent No. 1 further claims that as per one of the clauses of the Agreement to Sell dated 01.11.2009, the sale deed was to be registered either in the name of Mr. Ashwani Kumar/husband of Respondent No. 1 or that of his nominee. Subsequently, the sale deed dated 15.01.2010 with respect to the suit property was registered in the name of Respondent No. 1 on 22.01.2010.

5. Further, It is the case of Respondent No. 1 that at the time of executing the sale deed, though it was recorded in the document that actual physical possession of the suit property had been handed over by the Appellant and Respondent No. 2 to Respondent No. 1, but the Appellant and Respondent No. 2 had expressed some difficulty in handing over possession on account of the their daughter's final school examinations and they had promised respondent No. 1 that they would hand over vacant peaceful possession to her immediately after their daughter's examinations were over. However, when the Appellan