KAILASH CHAND & ANR. vs ADESH KUMAR BARUA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 19th May, 2026 Pronounced on: 3rd June, 2026 + RFA 246/2022, CM APPL. 25908/2022 & 16255/2026 1. KAILASH CHAND S/o Shri Tejpal Singh J-64/G-1 (Ground Floor) Right Hand Side, Gali No. 4, Laxmi Nagar, Delhi. 2. TEJPAL SINGH J-64/G-1 (Ground Floor) Right Hand Side, Gali No. 4, Laxmi Nagar, Delhi. .....Appellants Through: Mr. Kaushal Kishore Lal Gautam, Ms.Vaishali Nariyala, Mr. Rajbeer Singh, Mr. Sumit and Ms. Siddhi Shaiwal, Advocates. versus SHRI ADESH KUMAR BARUA S/o Late Sh. K.L. Barua R/o House No. 27-28, Band Lines, Raika Bagh, Jodhpur, Rajasthan. .....Respondent Through: Mr. Amit Nahata, Adv. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Regular First Appeal under Section 96 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’), has been filed on behalf of the Appellants, against Judgment dated 07.05.2022, RFA 246/2022 Page 1 of 12 Signature Not Verified DigitallySigned By:RITA SHARMA Signing Date:03.06.2026 16:54:59 whereby the Suit of the Plaintiff/Respondent for decree of Possession against the Defendants/Appellants, was decreed under Order XII Rule 6 CPC. 2. The Plaintiff/Respondent had filed Civil Suit No.125/2018 for Possession/Ejectment, Recovery of Rent, Mesne Profit and Damages. 3. The facts, in brief, are that Plaintiff stated himself to be the owner/landlord of the Property bearing No. J-64/G-1, (Ground Floor), Right Hand Side, Gali No. 4, Laxmi Nagar, Delhi-110092 (hereinafter referred to as ‘the Suit Property’), consisting of three bedrooms, one drawing-cum- dining room, kitchen, toilet/bathroom vide registered partition Deed dated 01.01.2010. The Defendant, Mr. Kailash Chand was inducted as a tenant in the Suit