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2023 Supreme(Del) 1448

GAURANG KANTH
Poonam Kakkar – Appellant
Versus
Vaishali – Respondent


Advocates appeared:
Ms. Aakanksha Kaul, Mr. Aman Sahani and Ms. Versha Singh, Advocates, for the Appellant.
Mr. Pardeep and Mr. Satish Kumar Dabas, Advocates, for the Respondents.

JUDGMENT

Gaurang Kanth, J. The Appellant in the present Appeal is impugning the judgment dated 04.08.2022 ("Impugned judgment") in CS No. 287/2020 passed by the Additional District Judge-05: South-West District Dwarka, New Delhi titled as `Ms. Vaishali & Anr. v. Smt. Poonam Kakkar'. Vide the Impugned Judgment, the learned Trial Court was pleased to allow the application under Order XII Rule 6 CPC filed by the Respondents and a decree of possession was passed in favour of them.

FACTS GERMANE FOR THE ADJUDICATION OF THE PRESENT APPEAL ARE AS FOLLOWS:

2. It is the case of the Respondents that Respondent No.2 is the legal and lawful owner of the property i.e. Flat No.265 (two room+ one room set), Second Floor, Janta Flat, Group-1, Hastsal, Uttam Nagar, New Delhi (hereinafter referred to as "suit property").

3. It is further the case of the Respondents that Respondent No.2 was employed in Air India and due to the nature of the job and his busy schedule, he authorized Respondent No.1 to deal with the suit property for the purpose of giving it on rent and other ancillary activities of maintenance. Accordingly, Respondent No.2 executed the authorization letter in favor of Respondent No.1.

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