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IN THE HIGH COURT OF DELHI AT NEW DELHI
MS. JUSTICE MINI PUSHKARNA, J
ASHWANI KUMAR SRIVASTAVA – Appellant
Versus
AKHILESH SRIVASTAVA – Respondent
| Table of Content |
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| 1. appeal filed concerning property ownership and proof. (Para 2 , 40) |
| 2. contentions regarding ownership and sale deed validity. (Para 3 , 4 , 10 , 11) |
| 3. response from the defendant contested ownership validity. (Para 6 , 8) |
| 4. application for additional evidence deemed late and insufficient. (Para 15 , 19 , 20) |
| 5. appellant's failure to meet burden of proof. (Para 16 , 21 , 24) |
| 6. court finds no error in trial court's dismissal of appeal. (Para 42) |
2. The Ld. Trial Court, by way of the impugned judgement dated 28th May, 2019, dismissed the suit of the appellant herein, on the ground that the plaintiff/appellant had failed to discharge the burden of proving his ownership with respect to the subject property.
3. The case, as put forth by the appellant, is as follows:
3.1 The appellant bonafidely purchased the subject property from Smt. Shakuntala Srivastava, his mother, by virtue of a Sale Deed dated 27th October, 1995, and for a valid sale consideration. The appellant is residing on the first floor of the subject property, and the respondent, i.e., brother of the appellant, is residing on the ground floor of the subject property as a licensee.
3.2 The mother of the appella
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