SH. SANJEEV KUMAR CHHATWAL vs SH. PAWAN KUMAR BHARARA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: 22 May 2025 Judgment Pronounced on: 29 May 2025 + RFA(COMM) 311/2025, CM APPLs. 31480/2025, 31481/2025 & 31482/2025 SH. SANJEEV KUMAR CHHATWAL .....APPELLANT Through: Mr. Nishant Datta, Mr. Chirag Rathi, Mr. Kunal Sejwal and Mr. Dipesh Kashyap, Advs. versus SH. PAWAN KUMAR BHARARA .....RESPONDENT Through: Mr. Kshitij Mathur, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT % 29.05.2025 AJAY DIGPAUL, J. RFA (COMM) 311/2025 1. This first appeal assails judgment and decree dated 5 March 2025 passed by the learned District Judge (Commercial Court) Delhi1 in CS (COMM) 249/2024. The appellant was the defendant in the said suit and the respondent was the plaintiff. 2. The respondent, Mr. Pawan Kumar Bharara2, instituted the 1 “learned Commercial Court”, hereinafter 2 “Pawan”, hereinafter Signature Not Verified Signed By:AAKANSHA RFA(COMM) 311/2025 Page 1 of 33 SHARMA Signing Date:30.05.2025 11:44:27 aforesaid suit against the appellant, Mr. Sanjeev Kumar Chhatwal3, claiming to be the sole and absolute owner of the property situated at the first floor in Municipal No. 1223-32, Pvt. No. F13, Ward No. XIV, Gali No. 11, Sadar Bazar, Delhi-1100064. Pawan claimed to have obtained ownership of the suit property vide sale deed dated 25 February 2022, executed by one Mr. Sudarshan Kumar Arora, erstwhile owner of the property. 3. It was alleged, in the plaint, that, after having obtained ownership of the suit property, Pawan felt unwell and was unable to attend to the suit property, during which time, Sanjeev trespassed and took possession of the suit property. Pawan issued a legal notice to Sanjeev on 22 June 2023, calling upon him to vacate the suit property and hand over vacant