Shiv Kumar Sharma vs Ramesh Chander And Ors on 30 January, 2026
5. It is further averred that although the original sale deed dated
20.10.2014 records that vacant physical possession of the suit property was
handed over to the defendant nos. 1 & 2 at the time of execution of the said
deed, no actual delivery of possession, in fact, took place. It is further averred
that due to non-realization of payment of sale consideration mentioned in the
original sale deed dated 20.10.2014, the purported sale of the suit property
was cancelled and the physical possession of the same was not handed over
to the defendant nos. 1 & 2. Although, the title of the suit property is with the
plaintiff, the vacant physical possession of the same had not been handed
over to the plaintiff by the housing society till date due to non-payment of
outstanding demand. Thus, since the vacant physical possession of the suit
property was never with the plaintiff in the first place, the same could not
have been handed over to the defendant nos. 1 & 2 and subsequently the
defendant nos. 3 & 4 have trespassed into the suit property by breaking
common wall with adjoining property through taking advantage of the fact
SHILPI
M JAIN
Digitally signed
by SHILPI M JAIN
Date: 2026.01.30
CS DJ ADJ 250/17 Shiv Kumar Sharma Vs. Ramesh Chander & Ors. Page No. 7 of 48
17:00:15 +0530
that the suit property and the adjoining property i.e. Flat no. C-601 (allegedly
owned by the defendant no. 3 and 4) share a common entrance.