Final Order 11

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. KAPIL GUPTA, CIVIL
JUDGE-06/CENTRAL DISTRICT, TIS HAZARI COURTS,
DELHI
CS SCJ No. 198/2024
CNR No. DLCT03-000662-2024
IN THE MATTER OF:-
1. Sachin Aggarwal
S/o Sh. Ravinder Aggarwal
R/o 58-A, Kamla Nagar, Delhi-07.
2. Sanjeev Sehgal
S/o Sh. Rajinder Kumar
R/o 37-A/2/38, Street No. 10,
New Govind Pura,
Krishna Nagar, Delhi.
3. Gaurav Bansal
S/o Sh. Gauri Shankar Bansal
R/o 5285/7, Krishna Nagar,
Near Khalsa College,
Karol Bagh, New Delhi-110005.
4. Suman Chandak
W/o Sh. Sanjay Chandak
R/o 4325-A, Ward No. XIII,
Gali Bhauji, Bahadur Garh Road,
Pahari Dhiraj, Sadar Bazar,
Delhi-110006.
5. Saurabh Bansal
S/o Sh. Kishan Kumar Bansal
R/o 5285/7, Krishna Nagar,
Near Khalsa College, Karol Bagh,
New Delhi-110005. ............. Plaintiffs
Versus
CS SCJ No. 198/24 Sachin Aggarwal & Ors. Vs. Pahu Mal pg. no. 1/5
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Pahu Mal
Shop No. 533, Ground Floor,
Property No. 530-35, Ward No. XIV,
(Known As Darvesh Building)
Gali Bajajan, Sadar Bazar,
Delhi-06. ............. Defendant
SUIT FOR PERMANENT INJUNCTION
Date of Institution : 30.01.2024
Date of Reserving for Judgment : 22.04.2025
Date of Judgment : 22.05.2025
EX-PARTE JUDGMENT
1. The present suit was filed seeking decree for
permanent injunction in favour of the plaintiffs and against the
defendant thereby restraining the defendant, his agents etc. from
sub-letting, alienating, transferring and parting with/handing over
possession, thereby creating third party interest in respect of Shop
No. 533, Ground Floor, part of Property No. 530-535, Ward No.
XIV, Gali Bajajan, Sadar Bazar, Delhi-110006 known as Darvesh
Building (hereinafter referred to as ‘suit property’) shown in red
colour in the site plan.
2. The case of the plaintiffs in brief is that plaintiffs had
purchased property no. 533, situated out of Property No. 530-535,
Ward No. XIV, Gali Bajajan, Sadar Bazar, Delhi-110006 known
as Darvesh Building from its previous owner vide registered Sale
Deed dated 28.07.2022 and defendant is a tenant in the suit
property. It is stated that defendant had not paid the rent despite
service of legal notice dated 20.09.2022 and thereafter, another
legal notice dated 23.12.2023 was issued by the plaintiffs upon
the defendant. It is submitted that upon receipt of such legal
notice, defendant instead of complying with such notice has
CS SCJ No. 198/24 Sachin Aggarwal & Ors. Vs. Pahu Mal pg. no. 2/5
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started contemplating to create third party interest in the suit
property by sub-letting, alienating, transferring and parting with
possession of the suit property to some criminal persons in order
to deprive the plaintiffs from getting their legitimate right to
receive rent from the defendant. It is contended that on
10.01.2024, plaintiff no.5 visited the suit property and found that
defendant was negotiating with some unknown person and had
agreed to hand over possession of the suit property against huge
amount and upon raising objection by plaintiff no.5, defendant
threatened to hand over possession of the suit property to the
person of his choice.
3. It was argued that the cause of action arose when
plaintiffs found that defendant was negotiating handing over
possession of suit property to some unknown persons. It is also
argued that the court has territorial jurisdiction to try the present
suit. It was prayed that the present suit may be decreed.
4. As per order dated 28.09.2024, right of the defendant
to file WS was closed and on 04.11.2024, the defendant was
proceeded ex-parte. Matter was thereafter fixed for ex-parte
plaintiff evidence.
5. To prove the case, plaintiff no.5 was examined as
PW1 who tendered his evidence by way of affidavit which is Ex.
PW1/1. PW1 has relied upon following documents:-
i. Ex. PW-1/A was site plan.
ii. Ex. PW-1/B (OSR) was General Power of Attorney.
iii. Mark A was Release Deed.
iv. Ex. PW1/D (OSR) was copy of Sale Deed dated
CS SCJ No. 198/24 Sachin Aggarwal & Ors. Vs. Pahu Mal pg. no. 3/5
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27.09.2012.
v. Ex. PW1/E (OSR) was copy of Rectification Deed
dated 19.07.2013.
vi. Ex. PW1/F (OSR) was copy of Sale Deed dated
22.07.2022 duly registered on 28.07.2022.
vii. Ex. PW1/G was copy of legal notice dated
23.12.2023.
Thereafter, plaintiff's evidence was closed.
6. I have heard the ex-parte arguments on behalf of the
plaintiffs and perused the record.
7. Plaintiffs have filed Ex. PW1/F (OSR), Ex. PW1/E
(OSR), Ex. PW1/D (OSR) and Mark A in support of their
contentions that they are the owners of the suit property. Perusal
of such documents reveal that plaintiffs are the owner of the suit
property. Further, as per Sale Deed Ex. PW1/F (OSR), defendant
was a tenant of the plaintiffs in the suit property at the time of its
purchase and it is the case of the plaintiffs that defendant is still a
tenant in the suit property. Plaintiffs in the present case have
claimed that defendant be restrained from sub-letting, alienating,
transferring and parting with/handing over possession, thereby
creating third party interest in respect of Shop No. 533, Ground
Floor, part of Property No. 530-535, Ward No. XIV, Gali
Bajajan, Sadar Bazar, Delhi-110006 known as Darvesh Building,
however, as per legal notice Ex. PW1/G, defendant has already
sublet the suit property as it has been clearly mentioned in Ex.
PW1/G dated 23.12.2023 that defendant had illegally and
unlawfully sublet the tenanted premises to a sub-tenant and was
getting Rs.25,000/- per month as rent from the sub-tenant.
CS SCJ No. 198/24 Sachin Aggarwal & Ors. Vs. Pahu Mal pg. no. 4/5
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Therefore, it is seen that suit property had already been sublet at
the time of institution of the suit and defendant was no more in
actual physical possession of the suit property and thus, the
present suit was infructuous when it was filed as the property had
already been sublet. In view of such discussion, it is held that the
present suit was infructuous at the time of its filing and relief as
prayed by the plaintiffs cannot be allowed.
8. In view of above discussion, the suit of the plaintiffs is
dismissed. No order as to costs.
9. Decree sheet be prepared accordingly.
Announced in the court
on 22.05.2025.
(Kapil Gupta)
Civil Judge-06/Central/Delhi
22.05.2025
CS SCJ No. 198/24 Sachin Aggarwal & Ors. Vs. Pahu Mal pg. no. 5/5
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