KANTA GOSWAMI(SINCE DECEASED ) THR LRS vs ROSHAN ARORA

Judgment text excerpt

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07th May, 2025 + CM(M) 2318/2024 & CM APPL. 21133/2024 KANTA GOSWAMI(SINCE DECEASED ) THR LRS .....Petitioner Through: Mr. Shams Khwaja, Advocate. versus ROSHAN ARORA .....Respondent Through: Mr. Digvijay Singh with Mr. Manik Sood, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit for recovery of possession, arrears of rent, damages/mesne profits. 2. She is aggrieved by order dated 09.02.2023 whereby her application moved under Order VII Rule 11 CPC has been dismissed. 3. The bare averments made in the plaint in question would indicate that the plaintiff asserts himself to be owner and landlord of the suit property in question which is situated in Mohan Park, Model Town, Delhi. According to plaintiff, the abovesiad property was let out to one Ms. Nidhi Goswami and a lease-deed was also executed and signed by the plaintiff and such Ms. Nidhi Goswami. 4. After expiry of such tenancy which the plaintiff had with Ms. Nidhi Goswami, the tenancy got converted into a month-to-month tenancy by efflux of time. Signature Not Verified Digitally Signed CM(M) 2318/2024 1 By:SONIA THAPLIYAL Signing Date:08.05.2025 15:35:39 5. Defendant Kanta Goswami(since deceased), mother of Ms. Nidhi Goswami made a request to plaintiff, and on the basis of her oral request, she was inducted as tenant in the same very property at a monthly rent of Rs. 10,000/-, excluding electricity and water charges. 6. The oral tenancy was allegedly, created on 01.02.2007. 7. Based on the abovesaid oral tenancy, the plaintiff has filed a suit for recovery of possession, arrears of rent and damages/mesne profits. 8. The process was served to defendant and she was also served also but according