SALAHUDDIN AYUBI AND ANR vs BHUSHAN KUMAR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 28th February, 2025 + C.R.P. 372/2024, CM APPL.71943/2024 1. SALAHUDDIN AYUBI S/o Shri Nasiruddin, R/o H.No.12A/11, Vijay Mohalla, Galin No.8, Maujpur, Delhi-1100053. 2. SAGHEER AHMAD S/o Sh. Noor Hasan, R/o K-44, Abul Fazal Enclave, Road No.4, Jamia Nagar, Delhi. ..... Petitioners Through: Mr. Anurag Jain, Advocate. versus BHUSHAN KUMAR S/o Shri Ram Chander Sharma R/o N-142-143, Abul Fazal Enclave, Jamia Nagar, Okhala, New Delhi-110025. ..... Respondent Through: Mr. Desh Raj, Advocate. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA JUDGMENT NEENA BANSAL KRISHNA, J. 1. The present Civil Revision Petition under Section 115 read with Signature Not Verified Digitally Signed C.R.P. 372/2024 Page 1 of 15 By:VIKAS ARORA Signing Date:04.03.2025 19:33:22 Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) has been filed on behalf of the Petitioners/Defendants for setting aside the Judgment dated 26.09.2024 whereby Decree of Possession under Section 6 of the Specific Relief Act, 1963 has been granted against the Petitioners/Defendants. 2. Briefly stated, the Plaintiff/Bhushan Kumar (Respondent herein) filed Civil Suit No. 1313/2009 titled “Bhushan Kumar vs. Salahuddin Ayubi and Ors.” under Section 6 of the Specific Relief Act, 1963 and Permanent Injunction in respect of property bearing No.N-141, Abul Fazal Enclave, Jamia Nagar, Okhla, New Delhi-25 (hereinafter referred to as “Suit Property”). 3. According to the Plaintiff, he had purchased the Suit Property from Defendant No.1/ Salauddin Ayubi (Petitioner No.1 herein) in the year 2002 for a total sale consideration of Rs.1,20,000/-, out of which he paid Rs.40,000/- to Defendant No.3/Noor Hassan (since deceased) at the instance of Petitio