SHAUKAT ALI vs SMT. KAILASH RANI AND ORS

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 13th January, 2025 C.R.P. 211/2024 & CM APPL. 39499/2024 SHAUKAT ALI .....Petitioner Through: Mr. V.K. Mishra, Adv. versus SMT. KAILASH RANI AND ORS .....Respondents Through: Mr. G.S. Yadav & Mr. Siddharth Tripathi, Advs. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN ORDER % 13.01.2025 1. The petitioner challenges the order dated 21.05.2024 (hereafter ‘impugned order’) passed by the learned Civil Judge, Tis Hazari Courts, Delhi, pursuant to which the application filed by the respondent under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’) was allowed and the suit filed by the petitioner under Section 6 of the Specific Relief Act, 1963, was rejected. 2. The petitioner had filed a suit bearing No. CS SCJ 898/2024, for possession of the premises bearing No. 5657/10, Gali Hanuman Mandir, Nabi Karim, Swami Ram Tirath Nagar, 1982. 3. It is claimed that the suit premises were let out for commercial purposes by the predecessor-in-interest of the respondents, namely Sh. Somnath. 4. After the death of Sh. Somnath, Respondent No. 1 had been collecting the rent of the premises from the petitioner, on behalf of the legal heirs o