* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 20^st January, 2026 Pronounced on: 06thApril, 2026 + RFA 794/2025 SH. VAS DEV WADHWA S/o Late Shri. Bhagwan Das, R/o F-20, Second Floor, Lajpat Nagar-I New Delhi-110024 ..... Appellant Through: Mr. Avtar Singh, Adv.

versus

1. Late Sh. Rattan Lal @ Pinki Through his LRs:

(i) Mrs. Neelam W/o Late Sh. Rattan Lal (ii) Ms. Pooja D/o Late Sh. Rattan Lal (iii) Ms. Harshita D/o Late Sh. Rattan Lal (iv) Mr. Nitin S/o Late Sh. Rattan Lal All R/o A-24, First Floor, Gali No.8 Pratap Nagar, Mayur Vihar, New Delhi

2. SMT. KALAWANTI W/o Late Sh. Kishan Israni .... Respondents Through: Mr. Rishi Kant Mishra & Mr. Nishant Singh, Advs.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Regular First Appeal has been filed under Section 96 and Order XLI of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") against the Judgment dated 27.03.25, passed by the learned District Judge, Delhi, whereby the Civil Suit filed by the Appellant/Plaintiff, for Mandatory Injunction, Recovery ofRs. 5,19,000/- along with pendente lite and future interest @18% per annum and unauthorized occupation charges @Rs.15,000/- per month, with effect from 11.11.2017,was partly decreed.

2. The Plaintiff/Appellant filed a Suit bearing No.161/2018 for Mandatory Injunction and Recovery of Rs. 5,19,000/- along with Mesne Profits. The facts as briefly stated in the plaint, are that the Appellant/Plaintiff, Sh. Vasdev Wadhwa, and the Respondents/Defendants are family members. Respondent No.1, Sh. Rattan Lal @ Pinki (since deceased)and Respondent No.2, Smt. Kalawanti are the brother and sister of the Plaintiff, respectively.

3. The Appellant/Plaintiff submitted that originally Late Sh. Kishan Lal Israni, the deceased husband of Defendant no. 2, Smt. Kalawanti had purchased the plot from the erstwhile owners and raised construction up to the second floor.In year of 1990, Late Sh. Kishan Lal Israni sold the first floor of the property to Defendant no. 1. Thereafter, he sold the second floor, i.e. the suit property, to Padma Devi @ Ganga Devi w/o Plaintiff, which wassubsequently sold to the Plaintiff, in the year 2000.

4. The Plaintiff thus, claimed thathe is the absolute owner of the second floor of property bearing no. A-24, Gali No. 8, Pratap Nagar, Mayur Vihar, Phase-I, Delhi (hereinafter referred to as „Suit Property‟), which had one room, a kitchen and an open veranda, as shown in the Site Plan Ex. PW1/1. The Plaintiff and his family resided there for some time and later shifted to Lajpat Nagar. However, the Plaintiff and his family continued to occasionally visit the Suit Property.

5. The Plaintiff further submitted that on 10.11.2005, Defendant no. 1 agreed to purchase the suit property for a consideration of Rs. 2,50,000/-, out of which he paid Rs. 1,00,000/- as partpayment, and agreed to pay the balance of Rs. 1,50,000/-on 15.12.2005, upon which possession was to be handed over to Defendant No.1.However, Defendant No.1 failed to pay the remaining amount on 15.12.2005 and thus, the Plaintiff forfeited the earnest money and treated the Agreement, as nullified

6. Thereafter, Defendant No.1 instituted a Suit for Specific Performance on 01.11.2009, which was decided in favour of the Defendant No.1 vide Judgment dated 10.01.2012 Ex.PW1/B, by CCJ/ARC, Delhi.

7. An Appeal was filed by the Appellant/Plaintiff, before the learned ADJ-01 (East), Delhi, which was allowed in the favour of the Appellant/Plaintiff, where in the first Appellate Court set aside the decree for Specific performance, but directed the Plaintiff to return Rs. 1,00,000/- to the Defendant No.1 along with interest @ 6% per annum from the date of institution of the Suit till realization, vide Judgment dated

09.06.2014 Ex.PW1/C.

8. Then, Defendant No.1 filed a Regular Second Appeal, RSA No. 219/2014 in this Court, against the Judgment dated 09.06.2014, which was dismissed vide Judgment dated 20.02.2015 Ex. PW1/D. Therea