Delhi High Court - Orders
Joginder Singh vs Yogesh Narain Gupta & Ors on 5 December, 2023
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 145/2020 and CM Appl. Nos.10800/2020, 46059/2022
JOGINDER SINGH ..... Petitioner
Through: Mr. Joby P. Varghese and Mr.
Umanyu Sharma, Advocates
versus
YOGESH NARAIN GUPTA & ORS ..... Respondents
Through: Mr. Arvind Kumar, Advocate
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 05.12.2023 [Physical Hearing/Hybrid Hearing]
1. This Court had by its orders dated 29.05.2023 and 21.08.2023 set out one of the disputes between the parties, which is whether the Petitioner was in occupation of the ground floor and/or the first floor of the premises i.e. Property No.13902, Plot No.47-48 (10521), Gali No.4, Bagichi Illauddin, Motia Khan, Paharganj, New Delhi [hereinafter referred to as "demised premises"].
2. Subsequently, the Petitioner has filed an affidavit dated 26.06.2023 wherein it is stated that the Petitioner is in occupation of only first floor. The Affidavit is extracted below:
"2. That the present affidavit is filed in compliance of the order dated 29.05.2023 passed by this Hon'ble Court. I state that Petitioner is in occupation of only first floor of the property bearing property no.10521, gali no.5, Bagichi Allauddin, Paharganj, New Delhi admeasuring 40 sq. yds. Petitioner is not in occupation of the ground floor of the property no.10521, gali no.5, Bagichi Allauddin, Paharganj, New Delhi or any other person.RC.REV. 145/2020 Page 1 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 02:09:34
3. It is submitted that Respondent filed eviction petition against Petitioner in respect of property no.10521, gali no.5, Bagichi Allauddin, Paharganj, New Delhi (hereinafter referred to as 'Said Property") without specifying the floor. The site plan attached is of ground floor. When Petitioner entered appearance in the eviction petition, he specifically brought to the notice of the Court below that he is occupation of first floor of the said property and not ground floor, which was allotted to the father of the Petitioner Sh. Avtar Singh by the custodian of Evacuee property after his migration from Pakistan. Petitioner and his family have been in possession of the first floor of the said property since 15.11.1947 allotted by the Custodian of Evacuee property....."
3. Respondent No.1 (one of the co-owners of the demised Premises) has also filed an additional affidavit dated 11.09.2023 wherein it is contended that the MCD Survey Register for the year 1981-1982, shows that the father of the Petitioner was in possession of two rooms along with veranda and kitchen one each on the ground and first floors and that they was in possession of both floors.
3.1 It is further contended by learned Counsel for the Respondent that the Trial Court had appointed Local Commissioner to visit the premises and make a site plan. Reliance is placed on a report filed by the Local Commissioner along with the additional affidavit. The Report has been filed in execution proceedings No.51/17 (New No: 98867/16) in the matter of Yougesh Narain Gupta & Ors. v. S.D. Kapoor). It is clarified by the learned Counsel for the Respondent that this report is in a execution proceedings filed against one of the tenants in the premises in issue.
RC.REV. 145/2020 Page 2 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 02:09:34 3.2 The first paragraph of the report sets forth the details of the premises in issue which is Property No.13902, Plot No.47-48, (10521) Zone-15, Municipal No.10520-21, 10528-29, Bagichi Illauddin, Delhi.
4. In view of the controversy and with the consent of the parties, Ms. Vandana, Advocate, Registration No. D-7306/2020, (Mobile No. 9953639364) is appointed as Local Commissioner in the matter. The Local Commissioner shall visit the demised premises on 06.12.2023 at 3 p.m. 4.1 The parties/their authorized representatives are permitted to be present, however, they will co-operate with the Local Commissioner and not create any hinderance in the Commission. The entire proceedings will be videographed on mobile phone of the Local Commissioner.
5. The Local Commissioner will be paid a sum of Rs.50,000/-. The fees is to be paid entirely by the Respondent, in advance before the Commission.
6. The Local Commissioner shall prepare a detailed report with respect to occupation and possession of the demised premises as well as take pictures of the demised premises. A draft rough sketch of both floors shall also be prepared by the Local Commissioner. The Local Commissioner shall file the Report on the Commission within three weeks.
7. In the event that any police protection is necessary, the SHO, PS Nabi Karim is directed to provide the necessary protection.
8. Learned Counsel for the Respondent shall serve a copy of the order passed today on the SHO of the Police Station Nabi Karim and on the Standing Counsel as well.
RC.REV. 145/2020 Page 3 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 02:09:35
9. List on 14.02.2024.
10. Parties shall act based on the digitally signed copy of the order.
TARA VITASTA GANJU, J DECEMBER 5, 2023/yg RC.REV. 145/2020 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 02:09:35