CHARANJIT SINGH MAKKAR vs PHALVINDER ARORA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 11.08.2025 Judgment pronounced on: 26.08.2025 + RFA(COMM) 347/2025 CHARANJIT SINGH MAKKAR .....Appellant Through: Mr. Sandeep Sharma, Sr. Adv with Mr. Sanjeet Singh, Mr. Sarthak Mannan and Ms. Kavya Dauk, Advs. versus PHALVINDER ARORA .....Respondent Through: Mr. Rudra Pratap, Mr. Ankit Kashyap, Mr. Rohit Chaudhary, Mr. Nitin Rathor and Ms. Kanika Kashyap, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through this Appeal filed under Section 13 of the Commercial Courts Act, 2015 and Section 96 and Order XLI of the Code of Civil Procedure, 1908 [hereinafter referred to as ‘CPC’], the Appellant herein/Tenant [Defendant before the learned District Judge] assails the correctness of the judgment dated 12.03.2025 passed by the learned District Judge (Commercial-08), Central District, Tis Hazari Courts, Delhi [hereinafter referred to as ‘District Judge’] in CS(COMM) 93/2024 captioned Phalvinder Arora vs. Charanjit Singh Makkar Signature Not Verified Signed By:JAI NARAYAN RFA(COMM) 347/2025 Page 1 of 12 Signing Date:26.08.2025 15:34:43 wherein the suit was decreed in favour of the Plaintiff/Respondent herein for grant of decree of possession, recovery of Rs. 2,52,000/- as arrears of rent, recovery of mesne profits at the rate of Rs.15,000/- per month and for consequential relief of permanent injunction. FACTUAL MATRIX: 2. The brief facts relevant to the adjudication of the present Appeal are narrated in the following paragraphs. 3. The Respondent [Plaintiff before the learned District Judge] purchased the property admeasuring 17.36 square yards, being Shop at E-278, Ground Floor, Nag Mandir Marg, Shastri Nagar, Delhi- 110052 [her