Abdul Waqar & Anr. vs Abdul Gaffar on 1 June, 2018

1. Vide the impugned judgment and decree dated 3rd November, 2016,
the suit for possession filed by Sh. Abdul Gaffar (hereinafter “Plaintiff‟) has
been decreed by the Trial Court. The present appeal impugns the same.
2. Sh. Abdul Gaffar filed a suit seeking decree of possession and
damages/mesne profits in respect of First Floor of property bearing no. D-
53/3A, Gali No.18, Chauhan Bangar, Seelampur, Delhi-110053 (hereinafter
„suit property‟) against his brothers Sh. Abdul Waqar and Sh. Nawab
Ahmed. It is the case of the Plaintiff that he purchased the entire property of
150 sq. yards from the previous owner on 12th September, 1979. It is
pleaded that both the brothers are living in the First Floor of the property as
licensees. He terminated the license vide notice dated 17 th July, 2009, but
since the Defendants refused to vacate the premises, he filed the suit for
possession. In the plaint it was averred that the Defendants had earlier filed

RFA 517/2017 Page 1 of 18
two suits for injunction being 123/2009 which was dismissed on 13th May,
2009 and 191/2009 in 13th July, 2009.

Source: Indian Kanoon

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