RADHA AGGARWAL vs RAKESH DUTTA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 17thFebruary, 2026 Pronounced on: 04thMay, 2026 + RFA 480/2022 RADHA AGGARWAL W/o Sh. Anoop Kumar Aggarwal R/o C-8/16, Model Town-III, Delhi-110009. ….Appellant Through: Ms. Sana Ansari and Mr. I Ahmed, Advocates VERSUS RAKESH DUTTA S/o Late Sh. Gurudev Dutta R/o 2000, Katra Lachhu Singh, Fountain, Delhi-110006. ….Respondent Through: Mr. JK Bhola, Ms. Muskan Bhola,Mr. Siddhant Saraswat, Advocates + RFA 489/2022 & CM APPL. 44134/2022 RADHA AGGARWAL W/o Sh. Anoop Kumar Aggarwal R/o C-8/16, Model Town-III, Delhi-110009. ….Appellant Through: Ms. Sana Ansari and Mr. I Ahmed, Advocates VERSUS RAKESH DUTTA S/o Late Sh. Gurudev Dutta R/o 2000, Katra Lachhu Singh, Fountain, Delhi-110006. ….Respondent Through: Mr. JK Bhola, Ms. Muskan Bhola,Mr. Siddhant Saraswat, Advocates Signature Not Verified Signed By:VIKAS RFA 480/2022& RFA 489/2022 Page 1 of 11 ARORA Signing Date:04.05.2026 19:13:20 CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. The aforesaid twoRegular First Appeals under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 (Hereinafter referred to as „CPC‟) have been filed by the Appellantagainst the impugned Judgment and Decree dated 23.03.2022 whereby the Suit of the Plaintiff for recovery of possession has been rejected, as barred under Section 50 of the Delhi Rent Control Act, 1958 (hereinafter referred to as ‘DRC Act’). 2. The facts in brief are that the Plaintiff filed two separate Suits bearing No. 23/2019 and 24/2019, seeking recovery of possession of two different portions of same property, vide separate tenancy. The Plaintiff had explained that the Suit Property was originally owned by Surendra Kumar Sharma who was survived by his wife and