NEUTRAL CITATION NO: 2022/DHC/004567

RFA 793/2015

Page 1 of 18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 27.09.2022

Pronounced on: 18.10.2022

+

RFA 793/2015 and C.M. No. 15672/2017 (under Section 340

Cr.P.C.) & 7828/2021 (early hearing)

NARESH & ANR

..... Appellants

Through:

Mr. Sunil Satyarthi and Mr. Amit

Saxena,

Advocates

alongwith

petitioner in person.

versus

VIJAY RAM

..... Respondent

Through:

Mr.

Yogesh

Saini,

Advocate

alongwith respondent in person.

CORAM:

HON’BLE MR. JUSTICE GAURANG KANTH

J U D G M E N T

GAURANG KANTH, J.

CM No.15672/2017 (under Section 340 Cr.P.C.)

1.The aforementioned application was filed on behalf of the Appellants

under Section 340 of the Code of Criminal Procedure, 1973 for

initiation of action of perjury against the Respondent on the false

statement given by the Respondent and recorded by this Hon'ble Court

during the course of hearing on 23.03.2017. Vide order dated

26.04.2017, this Hon’ble Court had ordered the aforesaid application

to be taken up at the time of final hearing of the appeal. The same has

not been addressed by the learned counsel for the Appellants at the

time when the final arguments were being advanced. In view of the

same, the present application is being dismissed as not pressed.

Digitally Signed By:RITU

DHIRANIA

Signing Date:01.11.2022

17:35:50

Signature Not Verified

NEUTRAL CITATION NO: 2022/DHC/004567

RFA 793/2015

Page 2 of 18

RFA 793/2015

2.The case at hand is a regular first appeal which has been filed under

Section 96 of the Code of Civil Procedure, 1908 to set aside and quash

the judgment & decree dated 23.07.2015 passed by Shri Dr. T.R.

Naval, District & Sessions Judge, Shahdara, Karkardooma Courts,

Delhi in CS No. 506/2012 titled as Shri Vijay Ram vs. Shri Naresh &

Anr. (hereinafter referred to as the “Impugned Judgment”).

3.Vide the Impugned Judgment, the Respondent (Original Plaintiff) was

held entitled to the relief of recovery of possession and permanent

injunction. A decree of possession was passed directing the Appellants

(Original Defendants) to vacate and hand over the vacant and peaceful

possession of the property bearing No. G-179, Gali No. 11, 5^th Pusta,

Block-G, Sonia Vihar, Delhi measuring 50 square yards out of Khasra

No. 387/391/1 (hereinafter referred to as “Suit Property”) to the

Respondent.

FACTS RELEVANT FOR CONSIDERATION OF THE PRESENT APPEAL ARE AS

FOLLOWS:

4.It is the case of the Respondent herein (original Plaintiff) that he

purchased the Suit Property from one Mr. Deep Chand by virtue of

GPA, Agreement to Sell, Receipt and Possession Letter, all dated

21.01.2011. The Respondent alleged in the plaint that he had locked

the premises and left for his native place and upon returning in the

month of January 2012, he found that not only his articles were stolen

but he also learnt that in his absence, Appellant Nos.1 & 2 (Original

Defendant Nos.1 & 2) in collusion with one Mr. Braham Dutt, a

Digitally Signed By:RITU

DHIRANIA

Signing Date:01.11.2022

17:35:50

Signature Not Verified

NEUTRAL CITATION NO: 2022/DHC/004567

RFA 793/2015

Page 3 of 18

property dealer, have trespassed over the Suit Property. It was further

alleged by the Respondent in his plaint before the Trial Court that the

Respondent asked the Appellants to remove their articles from the

room but the Appellants extended threats as a result of which a

complaint dated 25.02.2012 was filed with the local police and

subsequently a criminal complaint before the Court of Metropolitan

Magistrate, Karkardooma was filed. It was also alleged that the

Respondent put his own lock also on the main gate of the property. It

was further alleged that a legal notice dated 08.02.2012 was also sent

to the Appellants to which reply dated 15.02.2012 was received. Being

aggrieved by the action of the Appellants, the Respondent had filed a