GAJENDRA KUMAR & ANR vs GOVIND RAM SHARMA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:24.03.2025 Judgment pronounced on:15.05.2025 + RFA 152/2012 & CM APPL. 5517/2012 SH. GAJENDER KUMAR & ANR. ...Appellants Through: Mr. Gaurav Jha, Adv. versus SH. GOVIND RAM SHARMA ...Respondent Through: Mr. Umesh Sharma, Mr. Peeyush Kaushik, Mr. Ritesh Kr. Kaushik, Mr. Siddharth Kaushik and Ms. Shivani, Advs. CORAM: HON’BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The instant Regular First Appeal1 under Section 96 read with Order XLI and Section 151 of the Code of Civil Procedure, 19082, has been filed by the Appellants/original Defendants impugning the judgment and decree dated 17.02.2012 granting recovery of possession, damages/ mesne profits, declaration and permanent injunction in favour of the Respondent herein/ original Plaintiff, passed by the Court of Ld. Additional District Judge-02 (West), Tis Hazari Courts, Delhi 1 RFA 2 CPC Signature Not Verified Digitally Signed RFA 152/2012 Page 1 of 23 By:HARVINDER KAUR BHATIA Signing Date:17.05.2025 14:49:44 (hereinafter referred to as „Trial Court’) in Civil Suit No. 359/11/2003 titled as “Sh. Govind Ram Sharma vs. Sh. Gajender Kumar & Anr.”. 2. The dispute between the parties pertains to a property measuring 50 square yards bearing plot No. 47 out of Khasra No. 73/13, Budh Vihar Extn., Delhi, now known as A-47, Shyam Colony, Budh Vihar, Phase-II, Delhi (hereinafter “suit property”). FACTUAL MATRIX: 3. Briefly put, Appellant No. 2 executed a General Power of Attorney, Agreement to Sell, Receipt, Possession Letter, Deed of Will and Affidavit3, all dated 10.01.2000, in respect of the Suit Property, in favour of the Respondent, for an alleged consideration of Rs.30,000/-. 4. Vide registered deeds of Revocation of