VASUDEV vs ROOP KUMAR (DECEASED) THR LRS & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 20th January, 2025 Pronounced on: 04th March, 2025 + RFA 674/2014 & CM APPL. 51785/2022, CM APPL. 72603/2024 VASUDEV .....Appellant Through: Mr. Rakesh Saini, Advocate. versus ROOP KUMAR (DECEASED) THR LRS & ORS. .....Respondents Through: Mr. Tarun Diwan and Ms. Pyari, Advocates. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J.: 1. This judgment would resolve the dispute pertaining to possession of a Suit Property,1 mired in conflicting claims of ownership, that has entangled the parties in an unrelenting legal battle, that has stretched across nearly four decades. Both sides steadfastly assert their rights through contested documents. Over the years, the parties have made repeated rounds of courts, one relying on a sale deed and a Will, the other on a receipt as a transfer deed. The litigation has meandered through various courts, with neither side willing to cede ground. As a result, what is before this Court today is not merely a question of possession, but the culmination of a prolonged and exhausting legal struggle. 1 Described in Paragraph No. 3. Signature Not Verified Digitally Signed RFA 674/2014 Page 1 of 46 By:AKANSHA SINGH Signing Date:06.03.2025 19:56:42 2. Moreover, the Suit property, originally a vacant plot of land, is now fully constructed upon and inhabited. Thus, the Court is not oblivious to the consequences of this judgment. If the Respondents succeed, the Appellant’s long-settled possession will inevitably be disrupted. However, prolonged occupation, in and of itself, cannot override the fundamental principles of ownership and legal entitlement. The mere passage of time does not confer legitimacy upon an unlawful possession, nor can it be a ground to deny relief to a rightfu