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Smt. Madhuri Singh vs Sh. Mahar Singh & Anr on 21 August, 2025

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~3
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         RSA 108/2025
                                    SMT. MADHURI SINGH                       .....Appellant
                                                  Through: Mr. Sumit Khatri, Mr. R.S. Sharma
                                                           Mr. Tarun Dixit and Mr. Lakshay and
                                                           Mr. Pawan, Advocates.
                                                  versus
                                    SH. MAHAR SINGH & ANR.                   .....Respondents
                                                  Through:

                                    CORAM:
                                    HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                 ORDER

% 21.08.2025 CM APPL. 45510/2025 (exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

RSA 108/2025 & CM APPL. 45509/2025 (stay) By way of the present regular second appeal filed under section 100 read with section 151 of the Code of Civil Procedure 1908 ('CPC'), the appellant impugns judgment dated 04.06.2025 passed by the learned District Judge-01, Shahdara District, Karkardooma Courts, Delhi in first appeal bearing RCA (DJ)No. 128/2019; and judgment and decree dated 07.09.2019 passed by the learned Senior Civil Judge, Shahdara District, Karkardooma Courts, Delhi in Civil Suit No. 8651/2016.

2. Mr. Sumit Khatri, learned counsel appearing for the appellant submits, that the appellant was entitled to claim recovery of RSA 108/2025 Page 1 of 3 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 05/09/2025 at 22:35:51 possession of the suit property alongwith arrears of rent and mesne profits from the respondents since the appellant was holding a 'better title' to the suit property based upon a set of documents inter-alia comprising a general power of attorney, an agreement to sell, a payment receipt, and a deed of final Will executed in favour of the appellant by the original allottee of the suit property, one Ram Dayal.

3. Counsel further submits that during his deposition as PW-2, Ram Dayal supported the case of the appellant in the affidavit that was tendered by him in evidence.

4. Counsel clarifies however, that subsequently Ram Dayal never stepped into the witness box; and without cross-examining him, the appellant's evidence was closed.

5. Counsel places reliance on a decision of a Co-ordinate Bench of this court in Pyarelal vs. Sheela Devi & Ors. in RFA 82/2013, where the court has taken the view that to succeed in a suit for possession a party must show a better title than the person from whom possession is claimed.

6. Counsel submits that, on the other hand, the respondents were unable to cite any document to show the nature of their possession.

7. In the opinion of this court, it requires to be considered as to whether the 'better title' theory would entitle the appellant to recover possession of the suit property from the respondents.

8. Issue notice.

9. Upon the appellant taking steps, let notice be sent to the respondents by all permissible modes, returnable for the next date.

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 05/09/2025 at 22:35:51

10. Let the notice indicate that reply to the CM APPL. 45509/2025 be filed within 06 weeks of service; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copy to the opposing counsel.

11. No reply is required in the appeal.

12. Let trial court record be requisitioned in electronic form; and copy of TCR be supplied to counsel on request.

13. Re-notify on 11th November 2025 before the learned Joint-Registrar for completion of service; and for completion of pleadings in the application.

14. List before court thereafter.

15. On a prima facie view of the matter, in view of the submissions made, it is directed that the respondents shall maintain status quo in relation to the suit property till the next date of hearing before this court.

ANUP JAIRAM BHAMBHANI, J AUGUST 21, 2025 ss RSA 108/2025 Page 3 of 3 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 05/09/2025 at 22:35:51