Order 7

Order Details: COPY OF JUDGMENT
Pdf Text: CS No. 568/2024 Indu Sharma v. Mushran Page No.
1/
5
IN THE COURT OF SH. ANIMESH BHASKAR MANI
TRIPATHI
ACJ-CUM-ARC-CUM-CCJ,
NORTH EAST DISTRICT: KARKARDOOMA COURTS, DELHI
DLNE030008672024
CS No. 568/2024
Indu Sharma
W/o late Yatender Sharma,
R/o C-9/2, Yamuna Vihar,
Delhi-110053
…........PLAINTIFF
Versus
Mushran
Prop. Of M/s Bharat Enterprises
One big shop out of property
bearing No.C-30 and 32, Khasra
No.116/1 and 117/1,
Village Ghonda Gujran Bangar,
(Pandit Roop Chand Market Adarsh Market),
North Ghonda, Opp. BSES Office,
Delhi-110053.
........DEFENDANT
Date of Institution : 23.11.2024
Date of reserving the judgment : 28.04.2025
Date of Judgment : 28.04.2025
Decision : Decreed
-- 1 of 5 --
CS No. 568/2024 Indu Sharma v. Mushran Page No.
2/
5
SUIT FOR RECOVERY OF POSSESSION, PERMANENT
INJUNCTION, RECOVERY OF RENT AND DAMAGES
EX-PARTE JUDGMENT
1. The suit in hand has been filed by the plaintiff against
defendant for recovery of possession, permanent injunction,
recovery of rent and damages.
Pleadings of the plaintiff:-
2. The plaintiff is the owner and landlord of a built-up shop
forming part of properties bearing Nos. C-30 and C-32, Khasra
Nos. 116/1 and 117/1, Village Ghonda, Gujran Bangar, North
Ghonda, Delhi-110053 (as per site plan). The plaintiff’s husband
had initially let out the suit property to the defendant on an oral
tenancy at a monthly rent of 9,000/-, supported by rent receipts	₹
signed by the defendant. Following the death of the plaintiff’s
husband on 30.08.2021, the plaintiff alleged to have became the
owner/landlord by operation of law.
3. The defendant last paid rent for September 2024 but
refused to pay rent for October 2024, demanding a unilateral
reduction in rent. Consequently, the plaintiff served a legal notice
dated 21.10.2024 under Section 106 of the Transfer of Property
Act, but the defendant neither responded nor complied. The
defendant also allegedly threatened to create third-party interests
and refused to vacate. Hence, the present suit has been filed,
-- 2 of 5 --
CS No. 568/2024 Indu Sharma v. Mushran Page No.
3/
5
seeking possession, arrears of rent, and damages for use and
occupation.
Ex parte evidence: -
4. During proceedings, memo of appearance was filed on
behalf of defendant on 29.01.2025 and upon non appearance,
defendant was proceeded ex parte on 26.03.2025. In ex-parte PE,
to prove his case, plaintiff got examined himself as PW1 and he
relied upon the documents as under:-
1. Copy of rent receipt dated
10.09.2024
Ex. PW1/1 (OSR)
2. Legal notice dated 21.10.2024 Ex. PW1/2
3. Postal receipt dated 22.10.2024 Ex. PW1/3
4. Tracking report showing deliver of
legal notice on 23.10.2024
Ex. PW1/4 is de-
exhibited and now
marked as Mark-A
5. Site plan of the suit property Ex. PW1/5
5. Thereafter, ex-parte PE was closed and matter was listed
for ex-parte final arguments.
Decision with reasons:-
6. I have heard the ex-parte final arguments on behalf of the
plaintiffs and perused the record.
-- 3 of 5 --
CS No. 568/2024 Indu Sharma v. Mushran Page No.
4/
5
7. The only issue which needs adjudication in this matter is
whether plaintiff has proved its case or not. The testimony of
plaintiff\ has remained controverted and unrebutted. Plaintiff has
brought the rent receipt of September 2024 as Ex PW1/1, Legal
notice terminating the tenancy Ex. PW-1/2 and site plan Ex.
PW-1/5, to prove the subsistence of tenancy and acceptance of
the same by the tenant as the receipt bears the signature of the
tenant. The notice u/s 106 TPA was also served Ex PW1/3 &
Ex.PW1/4.
8. That the suit was filed within limitation period and within
proper jurisdiction. Thus, in view of unrebutted testimony of
plaintiff, there appears no bar in decreeing the suit in favour of
plaintiff. Therefore, in my opinion plaintiff has been successfully
able to establish his case.
Relief:
9. Therefore, in view of the above discussion, the suit
of the plaintiff is decreed. Plaintiff is entitled to recovery of
possession of one shop (marked red in site plan) at C-30 and
C-32, Khasra Nos. 116/1 and 117/1, Village Ghonda, Gujran
Bangar, North Ghonda, Delhi-110053 and defendant is directed
to vacate and hand over possession of the suit property within 30
days. Further, the defendant is restricted from creating any third
party interest in the suit property as per site plan marked red. The
plaintiff is also entitled to recovery of rent @ Rs. 9,000/- per
month from October 2024, till the time of handing over of
possession by the defendant along with pendente-lite and future
-- 4 of 5 --
CS No. 568/2024 Indu Sharma v. Mushran Page No.
5/
5
interest @ 6% p.a. from the date of filing of suit till the
realization of amount. No order as to cost.
10. Decree sheet be prepared accordingly and file be
consigned to the Record Room after due compliance.
Announced in the open court (Animesh Bhaskar Mani Tripathi)
on 28th April, 2025 ACJ-cum-ARC-cum-CCJ
North-East District, KKD, Delhi
-- 5 of 5 --