Valmiki J. Mehta, J. - (1.) C.M. Appl. No. 45267/2017 (for delay) This is an application seeking condonation of delay of 18 days in re-filing the appeal. For the reasons stated in the application, the delay of 18 days in re-filing the appeal is condoned, subject to just exceptions. C.M. stands disposed of. RFA No. 1039/2017 and C.M. Appl. No. 45266/2017 (for stay) 1. This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) by the defendant in the suit impugning the judgment of the trial court dated 16.9.2017 by which the trial court has decreed the suit filed by the respondent/plaintiff for possession and permanent injunction with respect to the suit property bearing no. E-17, E-Block, Gali No. 4, Near Lakri Market, West Vinod Nagar, Delhi -110092, more specifically shown in the site plan Ex.PW1/L. Appellant/defendant has also been restrained from subletting, assigning or parting with possession of the suit property.
(2.) The facts of the case are that respondent/plaintiff claims to be the owner of the suit property on account of purchase of the suit property from the previous owner Mohd. Salim Qureshi by means of usual documentation dated 17.1.2011. Respondent/plaintiff pleaded that he had paid a sum of Rs.10,00,000/- to the previous owner Mohd. Salim Qureshi for purchasing of rights in the suit property. Mohd. Salim Qureshi had purchased this property from its previous owner Smt. Shamim Begum in terms of the usual documentation.
(3.) Appellant/Defendant was in possession of the suit property as he was the real maternal uncle of the seller Mohd. Salim Qureshi and on account of close relation was given license to occupy the suit property. As per the plaint, the seller Mohd. Salim Qureshi informed the respondent/plaintiff that the appellant/defendant would vacate the property whenever the respondent/plaintiff asked the appellant/defendant to do so. Respondent/plaintiff sent a legal notice for termination of tenancy on 20.3.2012 and thereafter filed the subject suit for possession, mesne profits and permanent injunction.;