AMAR PURI vs SAMAR S PURI (D) THR LRS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 01.04.2026 Pronounced on : 26.05.2026 Uploaded on : 26.05.2026 + FAO 383/2024, CM APPLs. 72054/2024, 56931/2025 AMAR PURI .....Appellant Through: Mr.Rajat Aneja, Mr. Aditya Sharma, Ms.Saubhagya Chauriha, Advocates versus SAMAR S PURI (D) THR LRS .....Respondent Through: Ms.Charu Dalal and Mr.Choudhary Amit Bassoya, Advocates for LRs of respondent CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal filed under Order XLIII Rule 1 of Code of Civil Procedure, 1908(hereinafter referred to as „CPC‟) is directed against the order dated 18.09.2024, passed by the Trial Court, whereby the suit was held to be a Commercial Suit and the plaint was returned under Order VII Rule 10 CPC. 2. The facts, in a nutshell, are that in the plaint, the plaintiff had asserted that Commercial/industrial Shed bearing No.6A, D.D.A Sheds, Okhla Industrial Area, Phase-II, New Delhi (hereinafter the „suit property‟) was allotted to him by DDA in an Auction held on 30.10.1981, whereafter he became its exclusive owner on payment of the sale consideration. A Possession Letter dated 04.08.1982 was also issued in his name. Thereafter, Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 383/2024 Page 1 of 11 Signing Date:26.05.2026 19:50:25 the suit property was used by the plaintiff as the office of his partnership firm namely, “M/s DESCON India”. It was further claimed that the defendant, who is the elder brother of the plaintiff, was running his partnership firm in the name of “M/s Associated Engineers” from the adjacent premises bearing Shed No. 5-A, D.D.A Sheds, Okhla Industrial Area, Phase-II, New Delhi and requested the plaintiff to permit him to use the portion of suit property. The plaintiff claimed that