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C. HARI SHANKAR, MANOJ JAIN
Shadab Anjum – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT (Oral)
C.Hari Shankar, J.
CM APPL.32688/2023 & CM APPL.32689/2023 (exemptions)
Exemptions allowed subject to all just exceptions.
LPA 519/2023 & CM APPL.32686/2023 (stay), CM APPL.32687/2023 (for filing additional documents)
1. This letters patent appeal is directed against the following judgment dated 22 May 2023, passed by a learned Single Judge of this Court in WP (C) 6915/2023 (Shadab Anjum & Ors. v. Govt. NCT of Delhi And Ors.):
"1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner No. 1-Shadab Anjum, Petitioner No.2-Ranesh Kumar Arora,and Petitioner No. 3-Sanjay Arora (hereinafter collectively "Petitioners ") challenging the notice dated 23rd August, 2022 bearing no. F/TEH/MEH/2022/1082-84 in respect of the property being 1068, Ward No. I, Khasra Number-1151/3, Mehrauli, New Delhi-110030 (hereinafter "subject property") wherein the SDM, (Mehrauli) has issued notice to the Petitioners to vacate the premises within seven days. Admittedly, till date, the Petitioners are in possession of the subject property.
3. The case of the Petitioners is that they are the purchasers of the subject property and trace back their title t
The main legal point established was that illegal occupants cannot challenge the title of the property owner, and abuse of the legal process to continue possession can lead to dismissal of the appeal....
Entering into rent agreements admitting the owner's title estops the occupant from challenging the owner's title.
The importance of truthfulness and full disclosure in legal proceedings.
Misrepresentation by a party during proceedings undermines their legal claims, rendering a review application untenable when prior ownership admissions and evidence of estoppel exist.
Point of Law : Due process need not mean only an active process initiated by the owner of the property.
In cases of ownership disputes, statutory authorities cannot use summary remedies to evict occupants without following due process of law. The party claiming ownership must establish its rights throu....
The court asserted that ownership disputes under the Wakf Act do not preclude valid claims from individuals claiming title, regardless of Wakf notifications, provided they can substantiate their owne....
(1) In a Revision Petition scope of consideration is limited and judgment/order under challenge can be interfered only in event of there being perversity seen on face of order and if conclusion reach....
Discretionary relief under Article 226 of the Constitution of India is not available in cases involving eviction from Waqf properties, and the court rejected the petitioner's contentions related to d....
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