RSA 118/2022

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$~65(Appellate)

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

RSA

118/2022

&

CM

APPL.42446/2022,

CM

APPL.42447/2022

SALEEM & ORS.

..... Appellants

Through:

Mr.Rakesh Kumar Dudeja and

Mr.Madan Lal Kalkal, Advs.

versus

WAHID MALIK

..... Respondent

Through:

None

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

JUDGMENT(O R A L)

%

26.09.2022

1.

Suit 488/2017 was instituted by the respondent Wahid Malik

against the appellants Saleem and others. The respondent, as plaintiff,

claimed to have purchased a property admeasuring 90 sq. yds. located

in Khasra No. 67-68, Gali No. 27, Jafrabad, Delhi-110053 (“the suit

property”) for a consideration of ₹ 6 lakhs from its previous owner,

under a general power of attorney (GPA), agreement to sell, receipt,

Will and affidavit duly notarized by the notary public in the presence

of witnesses. The plaint asserted that the respondent was in peaceful

possession of the suit property and was using the suit property as a

godown.

2.

The plaint alleged that, on 28^th April 2017, the petitioners-

defendants broke the locks on the suit property and effected forcible

ingress. This misfe