BHARAT BHUSHAN SACHDEVA & ORS vs JHANG BIRADARI HOUSING RESIDENTS SOCIETY

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 31st July, 2025 + CM(M) 114/2020 & CM APPL. 3768/2020 BHARAT BHUSHAN SACHDEVA & ORS .....Petitioner Through: Dr. Amit George, Mr. Arkaneil and Mr. Bhaumik, Advocates. versus JHANG BIRADARI HOUSING RESIDENTS SOCIETY .....Respondent Through: Mr. Sanat Kumar, Sr. Advocate with Mr. A.H. Pasha, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners herein are defendants before the learned Trial Court and take exception to order dated 05.11.2019 whereby the learned Trial Court has not acceded to their request for treating certain issues as preliminary issues and has dismissed the application while holding as under:- “11. Having gone through the pleadings of the parties, this court is of the considered view that no pure question of law is involved in the present case, as all the issues framed vide order dated 30.07.2018, are mixed question of law and facts and cannot be decided without evidence of the parties. At this stage of the matter it cannot be decided whether the suit land was taken in the name of Shri Amir Chand, Brij Lal for the benefit of the plaintiff society and subsequently transferred in the name of late Shri Matwal Chand or was it their self acquired property. Similarly, the plaintiff society has pleaded its possession for all practical purposes in the suit land, which is disputed by the defendants, therefore, without leading evidence by the parties, this issue also cannot be decided "whether the plaintiff society was in actual possession of the suit land or not, consequently, was it required to seek relief of possession or not”. Same is the opinion of this court, regarding the valuation of the suit for Signature Not Verified Digitally Signed CM(M) 114/2020 1 By:DINE