SURENDER SINGH vs M/S DILSHAD ENGINEERING WORKS AND ANR

Judgment text excerpt

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 28.01.2025 + RC.REV. 246/2024 SURENDER SINGH .....Petitioner Through: Mr. Vineet Jain, Mr. Mayank Jain, Advs.. versus M/S DILSHAD ENGINEERING WORKS AND ANR .....Respondents Through: Mr. Shashank Tripathi, Mr. Ragib Gayyur, Advs. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Revision Petition has been filed by the Petitioner/landlord impugning the order dated 02.08.2024 passed by the learned SCJ-cum-RC, (West), Tis Hazari Court, Delhi passed in RC ARC no. 75/2023 [hereinafter referred to “Impugned Order”]. The premises in issue is a property bearing Plot no. 41, Gali No. 30, New Rohtak Road, Daya Basti, Anand Parbat, New Delhi-110005 [hereinafter referred to as the “subject premises”]. 2. By way of the Impugned Order, the learned Trial Court has allowed the Leave to Defend/Contest Application filed by the Respondents/tenants, on an issue limited to the existence of landlord- tenant relationship between the parties. 3. With the consent of the parties, the matter is taken up for hearing and final disposal today. 4. Learned Counsel for Petitioner/landlord in the first instance Signature Not Verified Digitally Signed By:RAHUL Signing Date:15.02.2025 RC.REV. 246/2024 Page 1 of 9 19:30:47 submits that the Impugned Order itself in paragraph 25 records that there is no dispute in the relationship of landlord and tenant between the parties, yet learned Trial Court has given a finding that the Respondents/tenants have raised triable issues concerning the ownership of the subject premises. Reliance in this regard is placed on para 25 of the Impugned Order. 5. In addition, learned Counsel for Petitioner/landlord submits that even otherwise, ownership or relationship of land