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DELHI HIGH COURT
VIPIN SANGHI
Ashish Kumar – Appellant
Versus
Hari Kishan – Respondent


JUDGMENT

Vipin Sanghi, J. (Open Court)--The present second appeal is directed against the judgment and decree dated 11.03.2015 passed by the First Appellate Court, namely, ADJ-6, South Distt., New Delhi in RCA No.12/2015 preferred by the respondent/plaintiff, whereby the first appeal of the respondent/plaintiff has been allowed and the judgment and decree dated 12.02.2014 passed by the Trial Court, namely, Civil Judge-01 (South), Saket Courts, New Delhi dismissing the suit has been set aside. The respondent/plaintiff had filed the suit to seek recovery of possession and pendente lite and future mesne profits against the appellant/defendant in respect of the suit property, i.e. first floor of property no.J-501, Dakshinpuri, New Delhi-110062.

2. The plaintiff claimed himself to be the owner of the suit property having purchased the same from the erstwhile owner/allottee, namely, Sh. Shiv Charan, s/o. Sh. Kishan Lal after execution of the relevant documents including receipt. The suit property comprises of four floors and admeasures 221/2 sq. yds. The plaintiff stated in the year 1980, he permitted his younger brother Sh. Shyam Singh (since deceased), to stay in the property as a li

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