SUBHASH CHANDER KAUSHIK & ANR vs KISHNI DEVI @ KRISHNA DEVI

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA 228/2019 & CM APPL. 49651/2019 SUBHASH CHANDER KAUSHIK & ANR .....Appellants Through: Ms. Somya Goel, Mr. Rohit Yadav, Advs. versus KISHNI DEVI @ KRISHNA DEVI .....Respondent Through: Mr. Deepak Kohli, Mr. Mohd. Shariq, Advs. % Date of Decision: 18.03.2025 CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA JUDGMENT DINESH KUMAR SHARMA, J. (Oral) 1. This present appeal has been filed under Section 100 of the Code of Civil Procedure against the impugned judgment dated 17.08.2019, passed by District and Sessions Judge, South-West, New Delhi, in R.C.A. No. 15/2019 (RCA Civil DJ ADJ/48/2019), titled Subhash Chander Kaushik & Ors. vs. Kishni Devi @ Krishna Devi, whereby the learned appellate court upheld the judgment dated 13.03.2019, passed by the learned ACJ-cum-CCJ-cum-ARC (West), Tis Hazari Courts, Delhi. RSA 228/2019 Page 1 of 14 Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:02.04.2025 15:03:52 2. The brief facts, as stated in the appellate court order dated 17.08.2019, are that the respondent instituted a suit asserting her title over property No. RZ-H-57, Main Mehrauli Road, Gali No.-10, Raj Nagar Part-II, Islam Colony, New Delhi, claiming to have purchased it through a General Power of Attorney, Agreement to Sell, Will, and other sale documents executed on 24.07.1985 by Smt. Ghoghari Devi, Sh. Shri Kishan, and Sh. Sukhbir Singh. She contended that the sale consideration was paid from her savings earned through her provision store and dairy business at her matrimonial home in Sonepat before shifting to Delhi. 3. The appellants contested the suit, questioning her financial capacity to purchase the property and asserting that she had no independent source of income, alleging instead that their decea