SHRI RAJENDER KUMAR SHARMA vs SHRI HARI KRISHAN AGGARWAL

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 19th February, 2026 Pronounced on: 14th May, 2026 + RSA 171/2024 SHRI RAJENDER KUMAR SHARMA Son of Late Ram Asrey Sharma R/o House No. 2671, Gali No.4, Bhola Nath Nagar Shahdara, Delhi. ....Appellant Through: Ms. Pushti Gupta, Advocate versus SHRI HARI KRISHAN AGGARWAL Son of Late Rattan, Proprietor Shivam Agency Shop forming part of property No. 2671 Gali No.4 Situated on the GF, Mahavir Block Pandav Road, Bhola Nath Nagar, Shahdara, Delhi. .....Respondents Through: Mr. Sameer Sidhar, Advocate. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) has been filed against the judgment dated 28.03.2024 whereby the learned ADJ has upheld the judgment dated 06.06.2023 of learned Civil Judge who had dismissed the Suit for Possession, Damages, Mesne Profits and Permanent Injunction on the ground as being not maintainable, because of the bar under Section 50 of the Delhi Rent Control Act (hereinafter referred to as the “DRC Act”). Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:14.05.2026 RSA 171/2024 Page 1 of 10 17:34:53 2. The plaintiff/Appellant Sh. Rajender Kumar Sharma had filed a Suit bearing CS No.1068/2022 for Possession, Damages, Mesne Profits and Permanent Injunction. 3. Facts in brief, as stated in the plaint, are that Plaintiff/Appellant is the owner/landlord of property bearing No. 2617, Gali No. 4, Mahavir Block, Bhola Nath Nagar, Shahdara, Delhi (hereinafter referred to as the “Suit Property”) by virtue of Relinquishment Deed dated 25.06.2011 executed by other family members, in his favour in respect of the Suit Property. Even otherwise, the Suit for possession