Delhi District Court
An Application U/S 151 Cpc Was Filed On ... vs . on 13 May, 2015
IN THE COURT OF SH. RAJINDER SINGH, ADMINISTRATIVE
CIVIL JUDGE-CUM-ADDITIONAL RENT CONTROLLER-CUM-
COMMERCIAL CIVIL JUDGE (NORTH-EAST),
KKD COURTS, DELHI.
Suit No. 148/09
ILIYAS
VS.
AKRAM & ORS.
ORDER ON THE APPLICATION UNDER SECTION 151 CPC
13.05.15
Present : None.
1.An application u/s 151 CPC was filed on behalf of the plaintiff, wherein it is prayed that the suit property i.e. shop No. F-1/63, DDA Market, Shani Bazar, Sunder Nagri, Delhi may be allowed to be de-sealed for the purpose of repair.
2. In the application the plaintiff has narrated all the background facts leading to the filing of the present plaint.
3. In para no. 10 of the application it is averred that the neighbour of the shop and suit property has informed the plaintiff that "dirty water" is going in the basement of the said shop, from the back side. Due to this the said shop is being damaged. The said shop can crumble any time. The photographs of the suit property have also been filed alongwith the application.
4. Reply to the application filed by defendant no. 1. In the reply, the defendant, in a mechanical manner has completely Suit no.77/07 Page 1 of 3 denied the averments made in the application.
5. Arguments heard.
5.1. It was submitted on behalf of the applicant/plaintiff that the suit property is in a dilapidated condition. It needs urgent repair. The structure of the suit property is getting weak due to the seepage.
5.2. It was argued on behalf of the defendant that in the garb of the present application the plaintiff is trying to take possession of the suit property.
6. I have perused the record. The suit property was directed to be sealed vide order dated 06.8.12 of the Hon'ble High Court. It is observed that in the present application the plaintiff applicant has not made any mention of the order of the Hon'ble High Court.
6.1. In para no. 11 of the order dated 06.8.12, of the Hon'ble High Court, it is stated that till the Civil Court decides about the person entitled to the possession of the shop, the same shall remain sealed. It was clarified that the shop's possession shall be handed over only as per the directions passed by the Trial Court.
6.2. It is observed that the suit property was sealed by the order of the Hon'ble High Court. The Trial Court or for that matter any other court is not specifically authorized, in the order dated 06.8.12 to de-seal the suit property for any purpose. The Trial Court is authorized only to hand over the possession of the suit Suit no.77/07 Page 2 of 3 property after deciding the person entitled to have the possession of the same. In other words only at the conclusion of the trial, through judgment this court can decide the person entitled to have the possession of the suit property. In the meantime there is no scope for any court to de-seal the shop in contravention of the order dated 06.8.12 of the Hon'ble High Court.
7. I have seen the photographs filed by the plaintiff alongwith the application. There is an open drain right in front of the shop/suit property. Filth is lying in and around the said open drain. There is a low rise store room sort of structure (at ground level) below the shop suit property. It is lying open. At this stage, it is observed that the shutter of the shop shown in these photographs does not have any lock. There is nothing in these photographs to even remotely suggest that the shop is lying sealed under the order of Hon'ble High Court.
8. In view of the above, the present application u/s 151 CPC is dismissed.
Put up on 03.06.15 for framing of issues.
PRONOUNCED IN OPEN COURT 13.05.2015 (RAJINDER SINGH) ACJ/ARC/CCJ (NE)/ KKD COURTS, DELHI.
Suit no.77/07 Page 3 of 3