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DELHI HIGH COURT
GAURANG KANTH
Punchip Associates Pvt. Ltd. – Appellant
Versus
Bibi Alape Kaur – Respondent
| Table of Content |
|---|
| 1. facts surrounding the lease and eviction. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 20 , 21) |
| 2. appellants' arguments against the decree. (Para 27 , 28 , 29 , 30 , 31 , 33 , 34) |
| 3. court's analysis of the issues presented. (Para 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 49 , 51) |
| 4. legal principles applied related to limitation. (Para 48 , 50) |
| 5. final order of dismissing the appeal. (Para 54) |
JUDGMENT
Gaurang Kanth, J. (Oral)
CM APPL. 44022/2022 (Exemption)
1. Exemption allowed, subject to all just exceptions.
2. Applications stand disposed of.
CM APPL. 44023/2022, (Delay of 99 days in re-filing the appeal)
3. Present application has been filed by the appellant seeking condonation of delay of 99 days in re-filing the present appeal.
4. For the reasons stated in the present application, the same is allowed. Delay of 99 days in re-filing the present appeal is condoned.
5. Application stands disposed of.
CM APPL 44123/2022 (Application for impleading the legal heirs of deceased R-2)
6. This is an application filed by the legal heirs of Smt. Bimla Malik (Original Defendant No.2). Learned counsel for the Appellant submitted that Smt. Bimla Malik expired on 1
Landlords are entitled to claim arrears of rent deposited by a subtenant, as the tenancy was properly terminated, and the claim is within the limitation period.
Admissions in legal pleadings must be clear and unequivocal to grant a judgment under Order XII Rule 6 CPC; otherwise, issues must proceed to trial.
A subsequent suit for arrears of rent is maintainable if it arises from a different cause of action than a prior suit for possession, even if the claim is mischaracterized as rent instead of damages.
A suit seeking declaration of tenancy rights without a claim for possession is barred under Section 144(2) of the Code of Civil Procedure, as it indirectly seeks restitution already denied.
A tenant cannot challenge the ownership of the landlord while concurrently asserting adverse possession; such defenses are mutually exclusive under established legal principles.
Unlawful subletting constitutes continuing breach under Limitation Act s.22; eviction suit not barred while it continues. Multiple O.41 r.27 applications abuse process; no remand for undecided ones i....
The foundational facts and cause of action must remain unchanged for res judicata to apply, and the earlier adjudication must have been on merits.
A party cannot assert ownership via a sale deed if the seller has previously conveyed the property, and tenancy termination must follow proper notice.
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