ATMA RAM BUILDERS PVT LTD vs EMBASSY RESTAURANT & ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 09.12.2025 Judgment pronounced on: 23.12.2025 Judgment uploaded on: 23.12.2025 + RFA(OS) 53/2012 ATMA RAM BUILDERS PVT LTD .....Appellant Through: Mr Ramesh Singh, Senior Advocate with Mr. Amit Sethi, Advocate. versus EMBASSY RESTAURANT & ANR .....Respondents Through: Mr. Sonal Anand, Mr. Aayush Sai & Ms. Surbhi Singh, Advocates for R-1. Mr. T. P. Singh, Senior Central Govt. Counsel for R-2/UOI. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J 1. The Appellant/Plaintiff assails the correctness of the judgment dated 16.03.2012 passed in I.A. No.7775/2008 in CS(OS) No.1971/2006 [hereinafter referred to as ‘Impugned Judgment], whereby his plaint has been rejected by the learned Single Judge, while exercising the enabling power under Order VII Rule 11 of the Code of Civil Procedure, 1908 [hereinafter referred to as ‘CPC’]. 2. For the sake of convenience, the parties shall be referred to by their status and rank in the suits, i.e., CS(OS) No.1422/2006 and 1971/2006. Signature Not Verified Signed By:SAVITA PASRICHA RFA(OS) 53/2012 Signing Date:23.12.2025 Page 1 of 15 12:59:21 FACTUAL MATRIX: 3. In order to comprehend the issues involved in the present case, relevant facts, in brief, are required to be noticed. I. In CS(OS) No. 1422/2006 4. The Plaintiff claims to be the owner and landlord of the premises bearing no.11-D, Atma Ram Mansion, Connaught Circle, New Delhi [hereinafter referred to as ‘first suit property’]. The Plaintiff rented the first suit property, measuring about 6,000 sq. ft., to the Defendant on lease with effect from 01.01.1962 at a monthly rent of Rs.820/-. It is further claimed that even today, the monthly rent payable