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2023 Supreme(Del) 4884

JYOTI SINGH
Anuj Sharma – Appellant
Versus
Amit Sharma – Respondent


Advocates appeared:
Mr. Vikas Sharma and Mr. Prashant Mohan, Advocate, for the Respondent.

JUDGMENT

Jyoti Singh, J. Present revision petition has been filed by the Petitioner laying a challenge to an order dated 24.09.2021 passed by the Trial Court in CS No.3591/2019, whereby his application under Order VII Rule 11 CPC has been dismissed. Petitioner before this Court is the Defendant before the Trial Court and Respondent is the Plaintiff. Parties hereinafter are referred to by their litigating status before the Trial Court.

2. Factual matrix to the extent relevant is that Plaintiff claims to be the registered owner of property bearing No.4138/1, Ground floor, Gali No.108, B-Block, Near Kapoor Garments Store, Sant Nagar, Burari, Delhi in Khasra No.124/10, admeasuring 55 sq. yds. (hereinafter referred to as the `suit property'). Defendant, who is the real brother of the Plaintiff, is stated to be in possession of the ground floor of the suit property as a licensee. Plaintiff purchased the suit property from its erstwhile owner by way of Registered GPA, Agreement to Sell and other allied documents dated 20.10.2004 and water and electricity meters are also installed in Plaintiff's name.

3. It is Plaintiff's case that on request of the Defendant, he permitted the Defendant t

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