DELHI TRANSPORT CORPORATION vs M/S ATMA RAM PROPERTIES (P). LTD

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 13th May, 2025 + CM(M) 788/2025 & CM APPL. 25550/2025 & CM APPL. 25551/2025 & CM APPL. 25552/2025 & CM APPL. 25553/2025 DELHI TRANSPORT CORPORATION .....Petitioner Through: Mr. Rikky Gupta, Standing Counsel, DTC. versus M/S ATMA RAM PROPERTIES (P). LTD .....Respondent Through: Mr. Amit Sethi with Ms. Ekadhana Sethi and Mr. B. Anand, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein is defending a suit for possession, recovery of mesne profits and is aggrieved by order dated 30.09.2024 whereby learned Trial Court has allowed the plaintiff to amend its suit. 2. Admittedly, when the amendment was allowed, though the issues had been framed already, no witness had graced the witness box. 3. Learned counsel for respondent appears on advance notice. 4. I have gone through the pleadings with respect to the suit in question which was earlier instituted before this Court on its Original Side and was numbered as CS(OS) No.574/2010. With the change in pecuniary jurisdiction, the suit was, eventually, transferred to District Courts. 5. The crux of the averments appearing in the suit is to the effect that plaintiff M/s Atma Ram Properties (P). Ltd. is owner-cum-landlord of a building known as Atma Ram Mansion (Scindia House), Connaught Circus. It was purchased by them vide Sale Deed dated 31.05.1980. When the Signature Not Verified Digitally Signed CM(M) 788/2025 1 By:SONIA THAPLIYAL Signing Date:15.05.2025 11:38:06 property was purchased, the defendant i.e. Delhi Transport Corporation (in short ‘DTC’) was already in occupation of part of the abovesaid property as tenant, and in terms of the abovesaid Sale Deed, the plaintiff got the right to collect rent from such tenant. 6.