BIRO BAI & ORS. vs LATE SH. ARUD SINGH (SINCE DECEASED) THROUGH LRS & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 24thFebruary, 2026 Pronounced on: 27th April, 2026 + RFA 91/2026, CM APPL. 5706/2026, 5707/2026 & 5708/2026 1. BIRO BAI W/o Late Sh. Joginder 2. JAGSEER SINGH S/o Late Sh. Joginder Singh 3. SUKHWINDER SINGH S/o Late Sh. Joginder Singh 4. BALJEET SINGH S/o Late Sh. Joginder Singh All R/o H.No.47, Sardar Mohalla, Tughlakabad Village New Delhi-110044 .....Appellants Through: Mr. Avtar Singh, Advocate versus 1. LATE SH. ARUD SINGH (SINCE DECEASED) THROUGH LRS (i) DARSHAN SINGH S/o Late Arud Singh (ii) RAJINDER SINGH S/o Sh. Kulwant Singh (iii) DHARMINDER SINGH S/o Sh. Kulwant Singh 2. MANGE RAM S/o Sh. Dhanpal R/o Plot No. 13, House No.47, Village Tughlakabad New Delhi-110044 .....Respondents Through: None CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. RFA 91/2026 Page 1 of 15 Signature Not Verified Signed By:VIKAS ARORA Signing Date:28.04.2026 18:50:26 1. Regular First Appeal has been preferred under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) against the Impugned Judgment dated 22.07.2025, whereby the learned District Judge dismissed the Suit of the Plaintiffs for Possession, Declaration and Mesne Profits. 2. The facts in brief, are that the Plaintiffs, who are the wife and sons of late Sh. Joginder Singh, claim ownership of property admeasuring 150 sq. yards bearing Plot No. 13, H. No. 47, Sardar Mohalla, Tughlakabad Village, New Delhi-110044 (hereinafter referred to as the “Suit Property”). 3. It was stated that late Sh. Joginder Singh had purchased the suit property on 04.03.1980 from Sardar Bishan Singh, who had acquired the same from Sh. Nanka Singh in 1962. The Plaintiffs further claimed that the Suit Property was the self-acquire