Back
PURUSHAINDRA KUMAR KAURAV
ROSHNI, W/O. SHRI OM PRAKASH – Appellant
Versus
DAYA WANTI, W/O. SHRI SAT PAL – Respondent
JUDGMENT :
PURUSHAINDRA KUMAR KAURAV, J.
Since the issue involved in both these appeals revolves around a similitude of facts, therefore, the captioned appeals are being decided by this common order. For the sake of convenience, the facts are extracted from RSA No. 126/14.
2. This appeal is preferred by the appellants/defendants assailing the judgment and decree dated 29.03.2014 passed in RCA No. 21/2009, whereby, the judgment and decree dated 31.07.2009 passed by the learned Trial Court, has been affirmed, wherein, the suit instituted by the plaintiffs/respondents for recovery of possession, damages/mesne profits and permanent injunction was decreed.
3. The factual matrix of the case would indicate that the suit for recovery of possession, damages/mesne profits and permanent injunction was filed by the respondents/plaintiffs against the appellants/defendants qua shop number one at the ground floor of respondents/plaintiffs premises bearing no. C-1251, Jahangir Puri, Delhi (hereinafter referred as “suit property”).
4. Admittedly, the suit property was initially allotted to Shri Satpal by the Delhi Development Authority. The respondents/plaintiffs are legal heirs of Shri Satpal. It wa
GPA and similar documents do not confer title to immovable property; legal heirs of the original allottee are entitled to possession.
A suit for declaration of title is maintainable without a claim for possession when the property is in possession of a tenant not part of the suit, as jurisdictions may bar possession claims under sp....
A tenant inducted by a mortgagee loses tenancy rights upon mortgage redemption, absent a direct contract with the mortgagor.
The possession is a pure question of fact, and the findings of fact recorded by the lower courts cannot be interfered with unless they are based on no evidence or are perverse.
An appellate court must provide independent findings with reasons to uphold judicial diligence and fairness, especially in assessing ownership claims based on agreements.
Sale - Validity - Defendants were not interested or they did not try to bring their case before court and lead evidence in support of their case to with respect to sale deed being sham, bogus or frau....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
