MST. KANTA GOSWAMI (DECEASED) THROUGH LEGAL HEIR vs ROSHAN ARORA

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06th March, 2025 + C.R.P. 115/2024 & CM APPL. 18331/2024 MST. KANTA GOSWAMI (DECEASED) THROUGH LEGAL HEIR .....Petitioner Through: Mr. Shams Khwaja, Advocate. versus ROSHAN ARORA .....Respondent Through: Mr. Digvijay Singh Jawal and Mr. Manik Sood, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. 1. The present petition is filed challenging the order dated 25.07.2023 (hereafter ‘the impugned order’) passed by the learned Additional District Judge, Rohini Courts, Delhi in CS (DJ) 878/2018 titles as ‘Roshan Arora v. Smt. Kanta Goswami (deceased) through legal heirs’. 2. The suit is filed by the respondent/ plaintiff for recovery of possession, recovery of arrears of rent, and damages/mesne profits, and by the impugned order, the learned Trial Court in an application filed by plaintiff under Order XV-A of the CPC read with Order XXXIX Rule 10 of the Code of Civil Procedure, 1908 Signature Not Verified Signed By:HARMINDER C.R.P. 115/2024 Page 1 of 10 KAUR Signing Date:25.03.2025 18:22:57 (‘CPC’) directed the legal heirs of the deceased defendant (petitioner herein) to pay ₹30,000 per month as occupation charges. 3. Briefly stated, the present dispute pertains to property no. M-3/30, third floor, Mohan Park, Model Town, Delhi (‘suit property’) which the respondent, Roshan Arora, claims to be the owner and landlord of. The respondent asserts that the suit property was originally let out to Ms. Nidhi Goswami @ Dimple, daughter of the deceased defendant, Smt. Kanta Goswami, through a Lease Deed dated 04.01.2006 for a period of eleven months at a monthly rent of ₹6,000/-, starting from 01.01.2006 to 30.11.2006. After the expiry of this lease, the tenancy allegedly continued on a month-to-month