SIR SOBHA SINGH AND SONS PVT LTD vs SMT RAJDIP BAMBAWALE & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 08.12.2025 Judgment pronounced on: 15.12.2025 + FAO 333/2025, CM APPL. 74955/2025 & CM APPL. 74956/2025 SIR SOBHA SINGH AND SONS PVT LTD .....Appellant Through: Mr. Preetesh Kapur, Sr. Advocate with Mr. Shaunak Kashyap, Ms. Mayanka Dhawan, Mr. Vikram Kalra, Mr. Apratim Animesh Thakur, Ms. Varsha Pal and Mr. Kartikaya Gautam, Advocates. Versus SMT RAJDIP BAMBAWALE & ORS. .....Respondents Through: Mr. Sumit and Mr. D.K. Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Order XLIII of the Civil Procedure Code, 1908 (the CPC) has been filed by the plaintiff in C.S. NO. 311/2025 on the file of the District Judge, Patiala House Courts, New Delhi, aggrieved by the order dated 14.10.2025, by which the trial court dismissed their application under Order XXXIX Rule 1 and 2 CPC, whereby the plaintiff had sought to dismantle the old Signature Not Verified FAO 333/2025 Page 1 of 13 Signed By:KOMAL DHAWAN Signing Date:15.12.2025 16:04:43 lift and install a new lift at his own cost. 2. In this appeal, the parties shall be referred to as described in the plaint filed before the trial court. 3. The brief facts as stated in the plaint are as follows: The plaintiff, a private limited Company registered and incorporated under the Companies Act, 1956, is the lawful owner and landlord of the buildings at Sujan Singh Park, North and South, New Delhi- 110003, which have been constructed on leasehold land under the Land and Development Office vide registered agreements for lease, both dated 08.10.1945. Defendant no. 1 was inducted as a tenant, based on an oral agreement, in Flat No. 84, Block G, 3rd Floor, Sujan Singh Park, New Delhi (the tenanted property). Therea