Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8 CS SCJ 85/25 Ram Chander Shah Vs. Shiv Shankar
21.05.2026
Present: Sh. A.K. Bhardwaj, Ld. LAC for plaintiff alongwith
plaintiff in person.
Sh. Suresh Choudhary, Ld. counsel for defendants
alongwith defendant no.1 in person.
Arguments heard on behalf of the parties on the
maintainability of the suit.
Perusal of the record shows that plaintiff has not
averred that defendants are residing in the suit property as a
licensee.
Ld. LAC for the plaintiff submits that defendants
were inducted as a licensee by the plaintiff and though no date
has been given in the plaint regarding the revocation of their
license, plaintiff has asked them to vacate the previous house in
the year 2019 and made complaints against them in respect of the
present house in the year 2023.
In the opinion of the court, since defendants have
been residing in the suit property even after the revocation of
license by the plaintiff long back, the present suit for their
eviction from the suit property through mandatory injunction is
not maintainable.
The plaintiff is given one opportunity to amend the
suit and correct the valuation with respect of relief of possession
instead of mandatory injunction.
Put up on 23.07.2026.
(SUNIL KHATRI)
Civil Judge-06 (Central)
Tis Hazari Courts
Delhi/21.05.2026
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