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2023 Supreme(Del) 1785

JYOTI SINGH
Gurmeet Singh – Appellant
Versus
Manjeet Kaur – Respondent


Advocates appeared:
Mr. A.K. Singla, Senior Advocate with Mr. R.S. Chaggar and Mr. Akshit Sachdeva, Advocates, for the Petitioner.
Ms. Monika Arora, Mr. Yash Tyagi and Mr. Subhrodeep Saha, Advocates, for the Respondents.

JUDGMENT

Jyoti Singh, J. Present revision petition has been filed by the Petitioner challenging the impugned judgment and decree dated 04.02.2022 passed by the Trial Court decreeing the suit in favour of the Respondents herein under Order XII Rule 6 CPC to the extent of relief of possession. Petitioner herein was the Defendant before the Trial Court and Respondents were the Plaintiffs and parties are referred to by their litigating status before the Trial Court, hereinafter.

2. Factual matrix is in a narrow compass. Plaintiffs filed a suit under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as `the Act') seeking possession of the suit property being first floor with roof rights measuring 95 sq. yds. i.e. (79.43 sq. meters) and roof rights of third floor area measuring 50 sq. yards. i.e. (41.80 sq. meters) out of built-up property bearing Municipal No. CB-8, Hari Nagar, Clock Tower, New Delhi-110064 as well as for injunction and damages predicated on the ownership of Plaintiff No.2 and settled possession till 05.03.2019. Case of the Plaintiffs before the Trial Court was that Defendant in collusion with one Shri Joginder wanted to grab the property of the Plaint

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