Order 10

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No.1143/2024
Prashant Bansal and Anr. Vs. Sunpreet Singh and Anr.
20.05.2025
Present: Sh. Prabhat Ranjan, Ld. Counsel for plaintiff.
Sh. Tushar Lamba, Ld. Counsel for defendant.
Vide this order I shall decide the preliminary issue framed on
03.02.2025 as under:
Preliminary Issue:
i. Whether the suit property no. 2/10, Roop Nagar, Delhi-110007 having carpet
area of 1800 Sq. Feet is a commercial property and is covered under Section 2
(1) (c) (vii) of Commercial Courts Act, 2015?
Brief facts necessary for disposal of this issue are that the two co-
plaintiffs have filed this suit as landlord against the defendants/co-tenants for
possession of tenanted property i.e. property no. 2/10, Roop Nagar, Delhi-110007
having carpet area of 1800 Sq. Feet apart from reliefs of arrears of rent, damages
and injunction.
Upon service of summons of the suit to the defendant no WS was
filed by the defendants and their defence was struck off on 03.12.2024. Plaintiff
led evidence. However, when the matter reached the final arguments stage, at that
juncture, this Court framed the above issue since neither it was pleaded in the
plaint nor any document was filed to show that the tenanted property in question
was a legally notified commercial property so as to bring the property under
Section 2 (1) (c) of the Commercial Courts Act, 2015.
Post framing of the above issue, an application was moved by the
plaintiff and 4 documents were allowed to be filed. First is mutation letter issued
by the MCD. Second is one-time conversion from residential to commercial letter.
Third is property tax receipts as commercial property. 4th is notification issued by
-- 1 of 2 --
Ministry of Urban Development issued by Govt. of India showing Satyawati Road,
Roop Nagar as commercial road.
Affidavit of admission denial to the above documents was filed by the
defendant wherein defendants have not admitted these documents as they are
supposed to be proved by the plaintiff during evidence.
In the light of the above, in so far as these documents are yet to be
proved and accepted on record the decision of this issue is deferred and shall be
decided with the main issues. Plaintiff is at liberty to examine a witness from
MCD and defendant’s counsel would be at liberty to cross-examine PW1 and the
other witness to be examined.
As prayed, time is granted to plaintiff for doing the needful.
Put up for further final arguments on 02.06.2025.
Parties are directed to bring original pleadings and all the
original documents for Court’s perusal for next date of hearing.
Next date of hearing is given as per convenience of parties.
(SURINDER S. RATHI)
District Judge
Commercial Court-11
Central District, THC
Delhi/20.05.2025(A)
-- 2 of 2 --