judgment

S.B. SINHA, J. —

1. Leave granted.

2. Propriety or otherwise of certain directions issued by a Division Bench of the Delhi High Court is in question in this appeal which arises out of a judgment and order dated 28.8.2006 passed by the said Court in RFA No. 229 of 2004.

3. The basic fact of the matter is not in dispute.

4. The parties had entered into an agreement to sell their respective properties situate at 598/1, Gali Kaitwali, Sangtrashan, Paharganj, Delhi and 1241, Sangtrashan, Paharganj, Delhi for a price which was subsequently determined at Rs. 4,75,000/- and Rs. 3,25,000/- respectively. Appellant’s title over the property which was owned and possessed by him appeared to be defective; although the said agreement was acted upon partially in terms whereof both the parties gave vacant possession of the property in their possession to the other.

5. However, no registered deed of sale could be executed. Respondent issued a notice on or about 21.03.1996 asking the appellant to hand over possession. Respondent thereafter filed a suit praying inter alia for the following reliefs:

“a)a decree for possession in favour of the Plaintiff and against the Defendant in respect of shop bea