Back
DELHI HIGH COURT
C.HARI SHANKAR
Kuldeep Singh Sejwal – Appellant
Versus
Sunita Kohli – Respondent
| Table of Content |
|---|
| 1. eviction suit filed for possession. (Para 1 , 2) |
| 2. defendants assert lease existence. (Para 3 , 4) |
| 3. application for summary judgment. (Para 6 , 7) |
| 4. scope of article 227 jurisdiction. (Para 8 , 9 , 10) |
| 5. principles of discretionary judgment. (Para 15 , 16 , 18 , 19) |
| 6. court's dismissal of the petition. (Para 23 , 24 , 27 , 28) |
1. CS DJ 394/2020 (Kuldeep Singh Sejwal v. Sunita Kohli) was instituted by the petitioner Kuldeep Singh Sejwal against the respondents, seeking eviction/ejectment of the respondents from the third floor of the property situated at F-213/C, Lado Sarai, New Delhi ("the suit property", hereinafter).
2. The plaint averred that the suit property had been let out to Respondent 1 at Rs.60,000/- per month for carrying out the commercial activities, for which reason the plaint was filed as a commercial suit under the Commercial Courts Act, 2015. It was further asserted, in the plaint, that Respondent 1 was in occupation of the suit property on a month to month basis, and that Respondent 1 was in default of rent payable to the petitioner in respect of the suit property. As a result, the plaint alleged that the petitioner terminate
The jurisdiction under Article 227 does not permit appellate review of findings from lower courts, requiring trials to resolve disputes over lease agreements.
A single co-owner can initiate eviction proceedings against a tenant without the consent of other co-owners based on agency principles, supporting the maintainability of such petitions.
The court clarified that the definition of a commercial dispute requires exclusive commercial use, limiting the scope of Article 227's supervisory jurisdiction to jurisdictional errors rather than me....
A decree on admissions under Order XII Rule 6 is not justified where no clear admission exists, especially when the validity of the tenancy agreement is contested.
All amendments necessary for determining the real issue in controversy between the parties must be allowed, and the fact that the amendment may be belated cannot be a ground to disallow the amendment....
The executing court affirmed that a valid compromise decree must be executed regardless of the landlords' objections, emphasizing the importance of compliance with contractual obligations.
The definition of 'status quo' in legal terms encompasses both possession and user of property; alterations to this status trigger violation of court orders under Article 227.
The court upheld the discretion of the learned ADJ in granting notice rather than ex-parte relief, affirming that orders under Order XXXIX are discretionary and not subject to interference unless cle....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
