SUNIL KUMAR JAIN & ANR vs RAM KISHAN TOKAS & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 08th October, 2025 Pronounced on: 15th December, 2025 + RFA 30/2015 SUNIL KUMAR JAIN & ANR. .....Appellants Through: Mr. S.C. Singhal, Adv. versus RAM KISHAN TOKAS & ORS. .....Respondents Through: Mr. Anupam Srivastava, Sr. Av. With Mr. Dhairya Gupta, Advs. for R-1 Mr. Rahul Sharma and Mr. Vikas Kumar, Advs for R-2 (Through VC) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGEMENT BRIEF BACKGROUND: 1. The instant first appeal has been filed by the appellants/tenants (plaintiffs before the Trial Court) under Section 96 of the Code of Civil Procedure, 1908 (“CPC”) against the judgment and decree dated 10th September, 2014, passed by the Additional District Judge-17 (Central), Tis Hazari Courts, Delhi in suit bearing CS No. 398/2014, titled as Sunil Kumar Jain and Anr. Versus Ram Kishan Tokas and Anr. (“impugned judgment”). 2. The appellants had filed CS No. 398/2014 seeking a decree towards recovery of firstly, possession of the Corner Shop measuring 15 X 9 sq. ft., situated in property bearing No. E-108/2, Opposite Community Centre, BGN Market, Munirka Village, New Delhi (“suit shop”) and secondly, Rs. 1,00,000/- towards damages and compensation for the period from 01st July, Signature Not Verified Digitally Signed By:HARIOM SHARMA RFA 30/2015 Page 1 of 43 Signing Date:15.12.2025 20:56:25 2004 to 30th November, 2004 from the respondents (defendants before the Trial Court). There was further prayer for decree of permanent injunction, restraining the respondents from parting away with possession of the suit shop or from creating any third-party interest therein. 3. The Trial Court, by way of the impugned judgment and decree dated 10th September, 2014, dismissed the suit of the appellants by holding that respondent no.