RAVI MALIK vs ASHOK KUMAR MALIK

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 11th March, 2026 Pronounced on: 23rd April, 2026 + RFA 856/2024 & CM APPL. Nos. 5089/2025 & 14618/2026 MR. RAVI MALIK S/o Sh. M. C. Malik, R/o 1241, Dr. Mukherji Nagar, Delhi. .....Appellant Through: Mr. Bishwajit Dubey (DHCLSC) with Mr. Akshit Awasthi and Ms. Gurleen Kaur Advocates. versus SH. ASHOK KUMAR MALIK S/o Sh. M. C. Malik, R/o 1241, Dr. Mukherji Nagar, Delhi. .....Respondent Through: Mr. Hari Kishan, Advocate with Respondent in person. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Regular First Appeal has been preferred by the Appellant/Defendant under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”), assailing the Judgment and Decree dated 07.10.2024 passed by the learned District Judge, Delhi in CS No. 1598/2016 titled ‘Ashok Kumar Malik vs. Ravi Malik’, whereby the Suit filed by the Plaintiff for Possession and Damages/Mesne Profits in respect of second floor of property bearing No. 1241, Dr. Mukherjee Nagar, Delhi-110009 (hereinafter referred to as the “Suit Property”), was decreed. Signature Not Verified RFA 856/2024 Page 1 of 15 Signed By:VIKAS ARORA Signing Date:24.04.2026 19:00:49 2. The case of the Plaintiff / Respondent was that he had purchased the Suit Property from Smt. Swaran Kanta, from his self-acquired funds, in the year 1985. The property was initially a leasehold property, and was subsequently, converted into freehold property, and a Registered Conveyance Deed dated 11.08.2000 Ex.PW-1/1, was executed in favour of the Plaintiff / Respondent. He has claimed that he was the sole and absolute owner of the Suit Property. 3. The ground floor and the first floor were occupied by the Resp