Delhi District Court
Gunish Aggarwal vs Ekeesh Chopra on 24 March, 2026
IN THE COURT OF SHRI DEV SAROHA
CIVIL JUDGE-04 (WEST) TIS HAZARI COURTS, DELHI
CNR no. DLWT03-002245-2022
CS SCJ no. 1214/2022
Sh. Gunish Aggarwal,
S/o Lt. Shir Ashwani Aggarwal,
R/o H. No. 206, Top floor, Avatar Enclave,
Paschim Vihar, New Delhi- 110063.
........ Plaintiff
VS.
Shri Ekeesh Chopra,
S/o Lt. Shri Om Prakash Chopra,
R/o H. No. M-197, Upper Ground floor,
Guru Hari Kishan Nagar,
New Delhi-110087.
........ Defendant
Date of institution of the suit : 12.08.2022
Date on which judgment was reserved : 24.03.2026
Date of pronouncement of Judgment : 24.03.2026
SUIT FOR POSSESSION AND RECOVERY OF DAMAGES
JUDGMENT
1. This suit was filed for possession and recovery of damages filed on behalf of the plaintiff against the defendant, however, on 19.02.2026, the plaintiff has obtained the possession of the suit property. Thus, this suit is treated only as regards the relief of recovery of damages.
2. THE CASE OF THE PLAINTIFF AS SET UP IN THE PLAINT CS SCJ 1214/22 (GUNISH AGGARWAL Vs. EKEESH CHOPRA) Page no.1/14 2.1. That, the plaintiff is the lawful owner and landlord of the built-up property bearing no. M-197, Upper Ground Floor, Guru Harkishan Nagar, Paschim Vihar, New Delhi-110087, area measuring 125.48 sq. yards (herein referred to as suit property). Copy of the site plan is annexed herein as ANNEXURE 'A' for the kind perusal of this Hon'ble Court.
2.2. That, on the request of the defendant, the plaintiff inducted the defendant as a tenant in respect of a residential accommodation of the suit property at monthly rent of Rs.10,000/- (Rupees Ten Thousand Only) excluding electricity and water supply charges, vide a rent agreement which was duly registered in the office of Sub-Registrar-IIA, Punjabi Bagh, West-IIA vide registration no. 4913 in additional book no.1 Volume no. 4228 on pages 167-172 on 26.08.2021. Copy of the rent agreement is annexed herein as ANNEXURE 'B' for the kind perusal of this Hon'ble Court. 2.3. That, it was mutually agreed between the parties that the tenancy period would commence with effect from 01.09.2021 for a limited period of 11 months which expired on 31.07.2022. That, it was mutually agreed that the defendant would use the said premises purely for residential purpose only and not for any other purpose. Additionally, it was agreed that the defendant shall pay the monthly rent one month in advance latest by 7th of each calendar month and the same was being paid by the defendant. 2.4. That, the defendant is an old known person and that is why the plaintiff agreed for a very moderate rate of rent of Rs.10,000/-
CS SCJ 1214/22 (GUNISH AGGARWAL Vs. EKEESH CHOPRA) Page no.2/14 (Rupees Ten Thousand Only) for such a huge accommodation, otherwise the prevailing rate of rent in the locality for the same accommodation is around Rs.35,000-40,000/- per month. In addition, it is worthwhile to mention here that almost all major household articles available in the rented accommodation belongs to the plaintiff, for instance, washing machine, refrigerator, printer, plastic table and chair, exercise cycle, chimney, exhaust fans, ceiling fans, lights, silver glass utensils, etc. and are lying in the exclusive possession of the defendant who is unwilling to return the same despite repeated requests. Copy of the invoices of the aforementioned articles are annexed herewith as ANNEXURE 'C (Colly.)' .
2.5. That on 18.05.2022, the defendant asked the plaintiff not to enter the said accommodation and did not even let the plaintiff collect his own articles. Consequently, a police complaint against the defendant was filed by the plaintiff on 25.05.2022 to the SHO Police Station, Paschim Vihar and DCP West District, Delhi for his illegal, unwarranted and unlawful acts. The police complaints and courier receipts are annexed herewith as ANNEXURE'D' (Colly.). 2.6. That, it is worthwhile to mention here that the fixed tenancy period of 11 months was not extended by the plaintiff and the defendant was duly requested in writing in much advance and in accordance with the duly registered rent agreement, to vacate the suit property but the defendant refused to vacate the suit property. 2.7. That, on 23.05.2022 the plaintiff terminated and withdrew one special power of attorney, which the plaintiff had executed in CS SCJ 1214/22 (GUNISH AGGARWAL Vs. EKEESH CHOPRA) Page no.3/14 favour of the defendant. Copy of the same is annexed herein as ANNEXURE 'E' .
2.8. That, after the termination notice was received by the defendant, the defendant became more violent and started threatening the plaintiff that he would hand over the physical possession of the suit property to anybody else other than the plaintiff with the ulterior motive to create third party interest and harass the plaintiff. 2.9. That, then the plaintiff filed a suit for permanent injunction before the Hon'ble Court of Sh. Sanjeev Aggarwal ADJ-02, West District, Tis Hazari Court, Delhi with the prayer that the defendant should not create a third-party interest in favour of anybody else. After considering the facts, circumstances and urgency, the Hon'ble Court was pleased to pass an order in favour of the plaintiff, restraining the defendant or his agents from creating any third- party interest or part with possession with respect to the suit property, vide order dated 02.06.2022. Copy of the suit and order dated 02.06.2022 are annexed herein as ANNEXURE 'F' (Colly.). 2.10. That, the defendant filed a written statement for the suit for permanent injunction and has categorically admitted the relationship of landlord and tenant. Further, the defendant also admitted the facts regarding execution of rent agreement and rate of rent at which the suit property was let out. Copy of the written statement is annexed herein as ANNEXURE 'G' .
2.11. That, on 01.07.2022 the plaintiff sent a legal notice one month in advance to the defendant to terminate the rent agreement and the same was duly served upon the defendant, as per Clause 8 of the CS SCJ 1214/22 (GUNISH AGGARWAL Vs. EKEESH CHOPRA) Page no.4/14 rent agreement to handover, vacate, and transfer peaceful physical possession along with all fittings and fixtures of the said premises on or before 31.07.2022. Copy of the legal notice along with the tracking reports are annexed herewith as ANNEXURE 'H (Colly.)'. 2.12. That, it is pertinent to mention here that despite service of the legal notice regarding termination of tenancy the defendant has not vacated or handed over the physical possession of the suit property even after the expiry of statutory period on 31.07.2022. This conduct of the defendant reflects that the defendant is malafidely trying to continue the illegal possession of the suit property despite termination of the rent agreement. Now the defendant is occupying the premises as a trespasser since 31.07.2022 without having any right, title or interest of any nature.
2.13. That, the plaintiff is himself residing in a one room rented accommodation bearing no. 206, top floor, Avtar Enclave, Paschim Vihar, New Delhi-110063 as a tenant and is forced to pay a monthly rent for the same. Copy of the same is annexed herein as ANNEXURE 'I'. Thus, the plaintiff urgently requires the physical possession of the suit property for his own personal use. 2.14. That, now the plaintiff is entitled for damages of Rs.40,000/-
(Rupees Forty Thousand Only) per month since the date of filing of the present suit as the prevailing rate of rent of the suit property in the locality is not less than the aforementioned amount. 2.15. That, the plaintiff has no other efficacious remedy available with him except to file the present suit.
CS SCJ 1214/22 (GUNISH AGGARWAL Vs. EKEESH CHOPRA) Page no.5/14 2.16. That, the cause of action to file the present suit arose in favour of the plaintiff and against the defendant firstly on 01.09.2021, when the suit property was let out to the defendant and secondly, on 01.07.2022, when a legal notice regarding termination of rent agreement was served upon the defendant to vacate the suit property on or before expiry of 11 months i.e 31.07.2022. The cause of action further arose, when the plaintiff came to know that the defendant did not hand over the peaceful physical possession of the suit property till 31.07.2022, and thus, the cause of action to file the present suit is still subsisting and continuing. 2.17. That, this Hon'ble Court has the territorial jurisdiction to try and adjudicate the present suit of the plaintiff as both the parties are residing as well as the suit property is also situated within the jurisdiction of this Hon'ble Court and the cause of action also arose within the jurisdiction of the Hon'ble Court. Hence, this Hon'ble Court has jurisdiction to try and entertain the present suit. 2.18. That, the value of the suit property for the purpose of jurisdiction and court fees is assessed for a sum of Rs 1,20,000/- (Rupees One Lakh Twenty Thousand Only) since monthly rate of rent of the suit property is Rs.10,000/- per month as per the rent agreement and accordingly, requisite court fees has been affixed on the plaint. The plaintiff further undertakes to pay the court fees on the future damages as per the final decree.
2.19. It is, therefore, prayed that :-
(i) a decree for recovery of possession be passed in favour of the plaintiff and against the defendant thereby, directing the defendant, CS SCJ 1214/22 (GUNISH AGGARWAL Vs. EKEESH CHOPRA) Page no.6/14 his family members, legal heirs, attorney, family friends, etc. to handover the vacant and peaceful physical possession of the suit property with all the fittings and fixtures, bearing no. M-197, Ground Floor, Guru Harkishan Nagar, Paschim Vihar, New Delhi-110087, more specifically shown in the site plan attached herewith.
(ii) a decree of damages at a monthly rate of Rs. 40,000/-(Rupees Forty Thousand Only) be passed in favour of the plaintiff with effect from the institution of the present suit.
3. CASE OF DEFENDANT AS SET UP IN WRITTEN STATEMENT 3.1. That, the present suit has been filed by plaintiff to harass and humiliate the defendant. It is humbly submitted that no cause of action arose in favour of plaintiff. It is further submitted that the suit of plaintiff is not maintainable as the plaintiff has concealed material facts from this Hon'ble court which are well within the knowledge of plaintiff and hence the present suit is liable to be dismissed with exemplary cost.
3.2. That, the plaintiff's father, namely Late Sh. Ashwani Aggarwal, who died in May 2021, was a good friend of defendant. The plaintiff after death of his father approached the defendant to look after the suit property which was under construction as no one in plaintiff's family was helping him, being the son of his friend, the defendant agreed to the request of the plaintiff. That, the plaintiff CS SCJ 1214/22 (GUNISH AGGARWAL Vs. EKEESH CHOPRA) Page no.7/14 after executing the SPA requested the defendant to shift in the suit property for better management, but defendant could not shift in the suit property due to marriage of his son and later due to festivals and shifted in the suit property in November, 2021. 3.3. That, the plaintiff went to United kingdom for further studies in September, 2021 and that in October, 2021, the defendant received a phone call from plaintiff from United Kingdom that he is coming back as his family members are not willing to adjust with him. It is further submitted that considering the relations with his father and plaintiff being like his son, defendant allowed him to stay with him at his residence in Rohini.
3.4. That, on 15th November 2021, the defendant along with his family and plaintiff shifted to suit property and started living there. It is further submitted that around mid-February 2022, the plaintiff started creating trouble and started interfering in the family affairs of the defendant. That, despite requesting the plaintiff to stop interfering in the family affairs the plaintiff started misbehaving with the mother and wife of the defendant and threatened them to face dire consequences as he is lawyer and have high connections. It is further submitted that due to the continuous threats and harassment in the hands of the plaintiff the defendant filed a police complaint at PS Paschim Vihar, West on 18.05.2022. The copy of the police complaint is annexed herewith as Annexure 'A'. It is further submitted since then the plaintiff made the life of the defendant and his family miserable and filed the present suit out of vengeance.
CS SCJ 1214/22 (GUNISH AGGARWAL Vs. EKEESH CHOPRA) Page no.8/14 3.5. It is further submitted on behalf of the defendant that apart from rent, the plaintiff used to pay Rs. 6000 to 7000/- as pocket money from the defendant on one pretext or the other. It is further submitted that when defendant asked the plaintiff about the legal notice, he informed that legal notice was sent by mistake and plaintiff assured the defendant that he would not be taking any legal action. It is further submitted that the plaintiff himself requested that the plaintiff is not position to repay the amount of money he took at different occasions totally about Rs.20,000/- from the defendant and hence that the defendant could reside in the suit property till he arranging money which he took from the defendant.
3.6. The defendant has categorically denied the case of the plaintiff and has prayed for the dismissal of the present suit.
4. REPLICATION 4.1. Replication to the written statement of the defendant was filed on behalf of the plaintiff and in the replication, the plaintiff denied the defence of the defendant and reiterated his averments made in the plaint.
5. ADMISSION/DENIAL 5.1. No affidavit of admission/denial of documents were filed on behalf of both of the parties.
CS SCJ 1214/22 (GUNISH AGGARWAL Vs. EKEESH CHOPRA) Page no.9/14
6. Vide order dated 25.01.2024 a part decree qua the delivery of the possession of the suit property was passed in favour of the plaintiff, which part decree subsequently affirmed vide order dated 02.12.2024 by Ld. District Judge-02, West, Delhi. During the course of arguments it is submitted on behalf of the plaintiff that plaintiff has obtained the possession of the suit property on 19.02.2026.
7. FRAMING OF ISSUES 7.1. On 02.03.2024, on the basis of the pleadings of the parties, following issues were framed:-
1. Whether the plaintiff is entitled for damages @ Rs. 40,000/- pm and if yes, from what date and from what period ? OPP
2. Relief.
8. PLAINTIFF'S EVIDENCE 8.1. In support of the claim, the plaintiff has examined one witness. 8.2. PW1 Sh. Arvind Kumar Mahajan, the authorized power of attorney of the plaintiff, tendered his evidence affidavit as Ex.PW1/A and relied upon following documents:-
1.GPA dt. 29.08.2022 is exhibited as Ex. PW1/1.
2.Site plan is exhibited as Ex. PW1/2 (OSR).
3.Rent agreement dt. 26.08.2021 is marked as Mark-A.(Ex. PW1/3 de-exhibited)
4.Receipts/invoices is exhibited as Ex. PW1/4 (Colly.) (OSR).
5.Police complaint is marked as Mark-B.(Ex. PW1/5 de-exhibited) CS SCJ 1214/22 (GUNISH AGGARWAL Vs. EKEESH CHOPRA) Page no.10/14
6.Legal/Termination Notice is marked as Mark-C.(Ex.PW1/6 de- exhibited)
7.Suit/order dt. 02.06.22 is marked as Mark-D.(Ex.PW1/7 de- exhibited)
8.Written statement is marked as Mark-E.(Ex.PW1/8 de-exhibited)
9.Legal notice dt 01.7.22 is marked as Mark-F.(Ex. PW1/9 de- exhibited)
10.Rent agreement dt. 19.5.22 is marked as Mark-G. (Ex. PW1/10 de-exhibited)
11.Criminal complainant is marked as Mark-H. (Ex. PW1/11 de- exhibited).
8.3. This witness was not cross-examined by the defendant despite opportunity given.
8.4. No other PW was examined. Thereafter, the plaintiff's evidence was closed on 23.04.2025 and the matter was thereafter fixed for DE.
9. DEFENDANT'S EVIDENCE
9.1. Despite opportunity given, no defence evidence was led on behalf of the defendant and vide order 08.01.2026, the defence evidence was closed.
10. DECISION AND THE REASONS FOR DECISION 10.1. I have heard the Ld counsel for the plaintiff and have carefully gone through the material available on record. No arguments were CS SCJ 1214/22 (GUNISH AGGARWAL Vs. EKEESH CHOPRA) Page no.11/14 addressed on behalf of the defendant and opportunity to address arguments was closed.
10.2. My issue wise findings are as follows:
Issue no.1:- Whether the plaintiff is entitled for damages @ Rs. 40,000/-pm and if yes, from what date and from what period? OPP 10.3. The onus to prove this issue was upon the plaintiff. The case of the plaintiff in brief is that vide rent agreement 26.08.2021, the suit property was given on rent to the defendant commencing from 01.09.2021 for 11 months. It is submitted that vide legal notice dated 01.07.2022, the defendant was asked to vacate the suit property on or before 31.07.2022, by which time the above stated rent agreement was also expiring. It is submitted that the defendant did not vacate the suit property till 18.02.2026, and the plaintiff obtained the possession of the suit property on 19.02.2026. It is further submitted that a part decree in his favour regarding the recovery of possession of the suit property was passed vide order dated 25.01.2024 by the Ld. Trial court, which order was upheld by the Ld District Judge-02, West, Delhi vide order dated 02.12.2024.
10.4. In support of his case the plaintiff has primarily relied upon the documents i.e GPA dated 29.08.2022 which is exhibited as Ex.PW1/1, Site plan which is exhibited as Ex.PW1/2 (OSR), Rent agreement dated 26.08.2021 which is marked as Mark-A, receipts/ invoices which is exhibited as Ex.PW1/4 (Colly.) (OSR), police complaint which is marked as Mark-B. legal/Termination Notice CS SCJ 1214/22 (GUNISH AGGARWAL Vs. EKEESH CHOPRA) Page no.12/14 which is marked as Mark-C, suit/order dated 02.06.2022 which is marked as Mark-D, Written statement which is marked as Mark-E, Legal notice dated 01.07.2022 which is marked as Mark-F, rent agreement dated 19.05.2022 which is marked as Mark-G and criminal complainant is marked as Mark-H. 10.5. Per contra, on behalf of the defendant, it is submitted that after the death of the father of the plaintiff, it was the plaintiff himself who approached the defendant to look after the suit property which was under construction at that time. It is submitted that he had shifted in the suit property only in November, 2021 and that it is the plaintiff himself who around mid February, 2022 started creating trouble and interference in the family affairs of the defendant. It is further submitted that there was mutual agreement/understanding between the plaintiff and the defendant that the defendant could reside in the suit property by adjusting the amount taken by the plaintiff towards the rent, in case he fails to repay it. 10.6. In this case, vide order dated 25.01.2024, the Ld Civil Judge-01, West, Delhi, held that the relationship of landlord and tenant was not in dispute and directed the defendant to vacate the suit property. This order was upheld by the Ld District Judge-02, West, Delhi vide order dated 02.12.2024. In the opinion of this court also, admittedly the rent agreement dated 26.08.2021(Mark-A) was executed between the parties and the defendant vide legal notice dated 01.07.2022 was directed to vacate the suit property on or before 31.07.2022, on which the date tenancy was also expiring.
Thus, from 01.08.2022 till 18.02.2026, the defendant remained in CS SCJ 1214/22 (GUNISH AGGARWAL Vs. EKEESH CHOPRA) Page no.13/14 unauthorized occupation of the suit property. No evidence has been filed on record on behalf of the defendant to prove that the plaintiff had taken any amount from him as alleged by the defendant in the written statement which amount was to be repaid in lieu of the rent of the suit property. In these circumstances, in the opinion of this court, the defendant remained in unauthorized occupation of the suit property from 01.08.2022 till 18.02.2026 and accordingly, he is liable to pay damages to the plaintiff. The plaintiff has claimed damages to tune of Rs. 40,000/- per month, which in the opinion of this court is excessive amount as the suit property was given on rent to the defendant @ Rs.10,000/- per month. Accordingly, the damages @ Rs.10,000/- per month is granted. Thus, this issue is decided in favour of the plaintiff and against the defendant and a decree of recovery of damages @ Rs.10,000/- per month to be counted from 01.08.2022 till 18.02.2026 is passed in favour of the plaintiff and against the defendant.
10.7. The costs of the suit is also awarded in favour of the plaintiff.
11. Decree sheet be prepared accordingly.
12. File be consigned to record room after necessary compliance.
Announced in the open DEV
Digitally signed
by DEV SAROHA
Court on 24.03.2026
SAROHA Date: 2026.03.24
(Dev Saroha)
15:10:45 +0530
Civil Judge-04 (West)
Tis Hazari Courts: Delhi
CS SCJ 1214/22 (GUNISH AGGARWAL Vs. EKEESH CHOPRA) Page no.14/14