Delhi High Court - Orders
Sardar Roop Singh & Anr vs Sardar Manjit Singh & Ors on 26 November, 2020
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 90/2015
SARDAR ROOP SINGH & ANR ..... Appellants
Through: None.
versus
SARDAR MANJIT SINGH & ORS ..... Respondents
Through: Mr. Pulkit Aggarwal, Advocate for
the applicant/respondent No.1.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 26.11.2020 CM APPL.29333/2020 (exemption) Exemption is allowed subject to all just exceptions.
CM APPL.29332/20201. None appears for the appellant.
2. Subject application has been filed by the respondent No.1 seeking release of the money deposited by the appellant with this Court pursuant to judgment and decree dated 15.11.2014.
3. Respondent No.1 had filed the subject suit for possession an d recovery of Rs.4,11,400/- against the appellant. The suit was premised on the ground that the father of respondent No.1 was the owner of t h e subject property and he executed a will in favour of respon dent No.1 bequeathing the subject property to him. Appellant is t h e brother of respondent No.1 who was residing in the subject property.
4. After trial, the Trial Court decreed the suit in favour of the Signature Not Verified Digitally Signed By:KUNAL MAGGU RFA 90/2015 Page 1 Signing Date:26.11.2020 19:32:20 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
respondent No.1 and holding respondent No.1 in ter-alia entitled t o occupancy charges @ 14,000/- p.m from the date of institution of t h e suit (01.07.2020) till the delivery of possession.
5. Appellant had impugned the judgment and decree by this appeal. On 04.08.2015 learned counsel for t he appellant su bmitted that for the period indicated by the Trial Court i.e. from 01.07.2010 till 31.07.2015, appellant shall deposit mesne profit @ 7500 p.m . in Court along with interest @ 12% per annum and thereafter t he u sage and occupancy charges would be paid @ 7500 p.m. to respondent No.1.
6. It is an admitted position that after 04.08.2015, t he u sage and occupancy charges @ Rs.7500 p.m. are being paid to respondent No.1.
7. This Court by order dated 04.08.2015 also directed that in case appellant were to succeed in the appeal, appellant would be entitled to recoup the amount received by the respondent No.1 during pendency of the appeal.
8. Respondent No.1 has sought release of the amount deposited @ 7500 p.m. in terms of the judgment and decree dated 15.11.2014 an d as per the statement given by learned counsel for the appellant on 04.08.2015.
9. It is contended by learned counsel for respondent No.1 that t he daughter of respondent No.1 is getting married on 29.11.2020 and son Signature Not Verified Digitally Signed By:KUNAL MAGGU RFA 90/2015 Page 2 Signing Date:26.11.2020 19:32:20 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
of the respondent No.1 is getting married on 13.12.2020. It is submitted that respondent No.1 requires money for t h e m arriages of his daughter and son.
10. Though normally, if a party does not appear for physical hearing, no adverse orders are to be passed, however keeping in view the fact that the marriage of the daughter of respondent No.1 is scheduled on 29.11.2020 and a reply has been filed by th e Appellant opposing the application, this application is being taken up for consideration.
11. Reply has been filed by the appellant to the subject application. The only contention raised by the appellant to oppose t he release of the money is that the respondent No.1 is a govern m ent servant an d drawing a handsome salary of Rs.65000-70000 p.m . an d owns t wo shops on the ground floor of the subject property an d h as t wo son s and daughters who are also working and as such there is no requirement of any money.
12. Apart from taking the said ground, appellant has not shown any ground as to why the said amount be not released t o t he respondent No.1 particularly in view of the fact that after 04.08.2015 regu larly mesne profits @ 7500 p.m. are being paid to respondent No.1 in terms of order dated 04.08.2015, subject to the condition that if the appellant succeeds in the appeal, he would be entitled to recoup the said amount from Respondent No. 1.
13. Learned counsel for the respondent No.1 undertakes on behalf Signature Not Verified Digitally Signed By:KUNAL MAGGU RFA 90/2015 Page 3 Signing Date:26.11.2020 19:32:20 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
of respondent No.1 that during pendency of the appeal, appellant shall not create any third party rights in the suit property wit hout leave of the Court.
14. The undertaking is accepted.
15. In view of the above, this application is allowed. An affidavit of undertaking shall be filed by the respondent No.1 wit hin t wo days, undertaking that during pendency of this appeal, h e sh all n ot create any third party rights in the subject property without the leave of t h is court.
16. Registry is directed to forthwith release to respondent No.1, the amount deposited with the Registry by the appellant pursuant to order dated 04.08.2015 along with interest, if any, accrued thereof.
17. It is clarified that any amount released to the Respondent No. 1 shall be subject to the final outcome of the appeal and subject to restitution, in case appellant succeeds in the appeal.
18. Application is allowed in the above terms.
19. Copy of the order be uploaded on the High Court website an d be also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J
NOVEMBER 26, 2020
km
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU RFA 90/2015 Page 4
Signing Date:26.11.2020 19:32:20
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.