SHRI SURJEET SINGH vs SHRI SWAMBERJEET SINGH & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 29th May, 2025 Date of Decision: 02nd September, 2025 + CS(OS) 464/2018 SHRI SURJEET SINGH .....Plaintiff Through: Mr. Siddharth Aggarwal, Adv. versus SHRI SWAMBERJEET SINGH & ANR. .....Defendants Through: Defendants are ex-parte CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA % JUDGMENT MANMEET PRITAM SINGH ARORA, J: 1. The present suit has been filed by the plaintiff under Section 6 of the Specific Relief Act, 1963 [‘Act of 1963’] seeking a decree for possession qua the ground floor portion in the Bungalow No. D-138, Anand Niketan, New Delhi [‘entire property’]. The ground floor portion is the suit premises. 2. It is the case of the plaintiff that he was dispossessed on 01.03.2018 from the ground floor portion. 2.1. It is stated that late Sh. Jaswant Singh [father of the parties herein], was the owner of the entire property i.e., Bungalow No. D-138. It is stated that Sh. Jaswant Singh died on 04.12.2003, leaving behind a Will dated 15.09.1998, by virtue of which, Smt. Jagjit Kaur [mother of the parties herein] became the Signature Not Verified Signed By:HEMANT CS(OS) 464/2018 Page 1 of 14 PRATAP SINGH Signing Date:02.09.2025 19:32:28 exclusive owner of the entire property. 2.2. It is stated that late Smt. Jagjit Kaur during her lifetime, let out the ground floor portion to one, Shri Panya Bootpee [‘the tenant’]. It is stated that Smt. Jagjit Kaur died on 09.06.2017, leaving behind her last Will dated 22.03.2010, by way of which she bequeathed the entire property to the plaintiff herein. 2.3. It is stated that therefore, the plaintiff is the exclusive owner of the entire property i.e., Bungalow no. D-138 since 09.06.2017. It is stated that on 09.10.2017 the tenant i.e., Shri Panya Bootpee vacated the groun