NEERAJ KUMAR JAGGI vs ARUN KUMAR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 24th February, 2026 Pronounced on: 16th March, 2026 + RFA 173/2025 & CM APPL. 10681/2025 NEERAJ KUMAR JAGGI S/o Late Sh. Nand Lal, R/o H. No. WZ-H-45, First Floor, Arya Samaj Road, Uttam Nagar .....Appellant Through: Mr.Girish Kumar, Adv. versus ARUN KUMAR S/o Late Nand Lal, R/o H. No. K-36, Upper Ground Floor, Gali No. 4, Bal Udyan Road, Uttam Nagar .....Respondent Through: Mr. Sandeep Bajaj, Mr. Rishabh Dua, Mr. Harikesh Anirudhan and Mr. Mayank Biyani, Advocates 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 of the Code of Civil Procedure, 1908 (hereinafter referred to as „CPC‟) has been filed against the Order dated 08.01.2025 whereby the Suit of the Plaintiff for Possession has been decreed by the Learned District Judge, under Order XII Rule 6 CPC. RFA 173/2025 Page 1 of 11 Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:16.03.2026 17:13:05 2. The Respondent/Plaintiff, Arun Kumar had filed a Civil Suit No. CS DJ No. 517821/2016 for Possession, Mesne Profits and Permanent Injunction in respect of the first floor of property bearing No. A-45, Mangal Bazar, Uttam Nagar, New Delhi (hereinafter referred to as Suit property). 3. The case of the Plaintiff/Respondent was that he was the owner of the entire builder property bearing No. H-45, Mangal Bazar Road, Uttam Nagar, vide a registered Sale Deed dated 30.09.2005. He had spent more than Rs.4,00,00/- on re-construction and renovation of the property, which now consists of five shops and one residential unit on the ground floor, which is in possession of the Defendant. He kept one shop for his own use, in future. However, keeping in mind the old age of the fat