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DELHI HIGH COURT
SANJEEV SACHDEVA
Rameshwari Devi – Appellant
Versus
Yash Tyagi – Respondent
JUDGMENT
Sanjeev Sachdeva, J. The Petitioners in CM(M) 474/2021 and Appellants in FAO 114/2021 (Defendants 1 and 2 in the Suit) are aggrieved by order dated 22.02.2021 (impugned in FAO 114/2021) whereby the application filed by Respondents 1 to 3 (Plaintiffs in the Suit) under Order 39 Rule 1 & 2 Code of Civil Procedure (hereinafter referred to as the CPC) has been allowed and the Appellants have been restrained from creating any third party right and interest in the suit property and status quo qua the possession of the Respondents 1 to 3 has been directed to be maintained.
2. Appellants are also aggrieved by order dated 19.07.2021 (impugned in CM(M) 474/2021) whereby the application filed by the Appellants under Section 151 CPC for restitution of possession has been disposed of and the trial court has held that the property is deemed to be in the custody of the court.
3. Appellants (Defendants 1 and 2 in the Suit) are the wife and son of Late Shri Subhash Tyagi. Subhash Tyagi was the brother of Shri Ravinder Tyagi, the Respondent No. 4 (Defendant No. 3). Respondents no. 1 to 3 (Plaintiffs in the Suit) are the children and wife respectively of Respondent No. 4 - Ravinder Tyagi
The validity of a registered gift deed remains intact until challenged; possession claims must be supported by substantial evidence rather than mere assertions.
The court emphasized the importance of clear, unambiguous, and unconditional admissions for the exercise of discretion under Order XII Rule 6 of the CPC and highlighted the principle that possession ....
In injunction suits, establishing possession suffices; title issues arise when challenged by defendants claiming rights, thus not necessitating formal title proof by plaintiffs.
The court established that inherent powers under Section 151 of the CPC can be exercised to restore possession when parties have been wrongfully dispossessed, irrespective of the formal dismissal of ....
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