SARVINDER SINGH & ANR vs VIPUL TANDON

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 08th JULY, 2025 IN THE MATTER OF: + CS(OS) 2453/2015 & I.A. 16871/2015 SARVINDER SINGH & ANR .....Plaintiffs Through: Mr. Abhishek Aggarwal, Advocate versus VIPUL TANDON .....Defendant Through: Mr. Aniruddh Sharma and Ms. Pratibha Bhadoria, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT 1. The Plaintiff had initially filed a suit to seek the relief of possession and mesne profits/damages from the Defendant in respect of the flat having three floors with lawn and terrace and four servant quarters in property no.27, Rajpur, Delhi, shown in red colour in the site plan attached with the plaint (hereinafter referred to as “suit property”). The Plaintiffs have also claimed damages of Rs. 2,00,000/- per month along with interest @ 15% p.a against the Defendant towards use and occupation charges in respect of the suit property from the date of the filing of the suit till possession. 2. The Plaintiff filed an application under Order XII Rule 6 of the CPC on 06.01.2016. 3. This Court vide Judgment dated 03.05.2016 in I.A No. 1190/2016 under Order XII Rule 6 of the CPC allowed the application and passed a partial decree for possession in favour of the Plaintiffs in respect of the suit Signature Not Verified Digitally Signed CS(OS) 2453/2015 Page 1 of 10 By:RAHUL SINGH Signing Date:14.07.2025 18:59:12 property whereby the Defendant was asked to vacate the suit property as prayed for by the Plaintiffs. 4. Consequently, the suit was decreed with regard to the claim of possession; the only claim that remained to be adjudicated was the claim for mesne profits. 5. Shorn of unnecessary details, facts as narrated in the plaint are as follows: - a) The suit property was owned by the mother of the Plaintiffs, Late