JUDGMENT

Valmiki J. Mehta, J. (Oral)

C.M. Appl. No. 9914/2018 (for exemption)

Exemption allowed, subject to all just exceptions.

C.M. stands disposed of.

C.M. Appl. No. 9915/2018 (for delay)

For the reasons stated in this application, the delay of 56 days in filing the appeal is condoned, subject to just exceptions.

C.M. stands disposed of.

RFA No. 258/2018 and C.M. Appl. No. 9913/2018 (for stay)

1. This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) by the defendants in the suit impugning the judgment of the trial court dated 1.9.2017 by which the trial court has decreed the suit for possession against the appellants/defendants with respect to suit property being a flat measuring 100 sq. yards on the first floor of property No. 2B/73, Ramesh Nagar, New Delhi.

2. Respondent/plaintiff filed the subject suit for possession claiming ownership of the suit property by a chain of title deeds with the last owner being Smt. Sheela Harchandani and her husband Sh. Ram Harchandani who transferred rights in the suit property to the respondent/plaintiff in terms of documentation dated 9.4.2009 being the registered agreement to sell Ex. PW1/10, receipt Ex.PW1/11, registered general power of attorney Ex.PW1/12. The site plan of the suit property has been proved as Ex.PW1/13. Since the chain of title documents is long and detailed and this has been exhaustively dealt with by the trial court in paras 2 to 4 in the impugned judgment, these paras are therefore reproduced as under:

"2. The brief factual matrix of the suit is that the Plaintiff claims to be the owner of the suit property having purchased the same from its previous owner for a lawful consideration. It is contended that initially one Smt.Sukh Devi, the owner of the suit property being lessee of Government of India had died leaving behind her two sons namely Sh.Bhagwan Dass and Sh.Chaman Lal, in whose names the suit property was mutated on 13.08.1991 vide document marked as Mark PW1/1. Sh.Bhagwan Dass and Sh.Chaman Lal sold the entire property to one Sh.Shyam Sunder Gupta and Ms.Hina Chawla vide document Mark-A to G, all dated 10.06.1996.

3. Subsequently, on 23.12.1996 Sh.Shyam Sunder Gupta and Ms.Hina Chawla disposed of the property and executed registered Agreement to Sell in favour of Sh.Sanjay Mahajan and Sh.Shiv Kumar Arora, copy of which is Ex.PW1/

2. Sh.Gaurav Gupta and Dr.Preet Singh Chawla executed registered General Power of Attorney in favour of Smt.Neeru Mahajan wife of Sh.Sanjay Mahajan and Smt.Kamlesh Kumari wife of Sh.Shiv Kumar Arora vide Mark PW1/2. Smt.Neeru Mahajan and Smt.Kamlesh Kumari on 08.10.1997 executed General Power of Attorney in favour of Smt.Subhash Rani, which is Ex.PW1/4. While Sh.Sanjay Mahajan and Sh.Shiv Kumar Arora executed Agreement to Sell as well as consideration receipt on 08.10.1997 in favour of Smt.Subhash Rani. The said documents are Ex.PW1/5 and Ex.PW1/6 respectively. The Plaintiff has further relied upon Ex.PW1/7 to Ex.PW1/9 i.e. Agreement to Sell in favour of Sh.Ram Harchandani, registered General Power of Attorney in favour of Smt. Sheela Harchandani and consideration receipt in favour of Sh.Ram Harchandani, in respect of the property in question i.e. the suit property. It is the case of the Plaintiff that the said documents executed by Smt.Subhash Rani are witnessed by Defendant No.1 Sh.Yogesh Kumar, who is the son of Smt.Subhash Rani.

4. Subsequently on 09.04.2009, Smt.Sheela Harchandani also executed a registered Agreement to Sell in favour of the Plaintiff, which is Ex.PW1/10, Receipt as Ex.PW1/11, registered General Power of Attorney as Ex.PW1/12 and site plan of the property as Ex.PW1/13. It is thus the case of the Plaintiff that the Plaintiff became the owner of the suit property having purchased the same from Sh.Ram Harchandani, who had purchased the property from Smt.Subhash Rani. It is stated that Smt.Subhash Rani requested Sh.Ram Harchandani to allow her to live in the suit proper