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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIKAS MAHAJAN
Vinay Kumar Datt – Appellant
Versus
Sudhir Sachdeva – Respondent
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| 1. plaintiff claims eviction and arrears due to unauthorized alterations. (Para 2 , 3) |
JUDGMENT :
I.A. 15508/2022 (under Order XIII-A of the Commercial Courts Act and/or under Order VII Rule 11 read with Section 151 CPC for dismissal of the suit)
2. The brief facts as noted from the amended plaint are that the plaintiff no.l is a senior citizen and landlord of the property being 29, South Patel Nagar, New Delhi – 110008 [hereinafter, 'suit premises']. It is averred in the plaint that father of the plaintiff no.1 had let out the suit premises to late Trilok Nath Sachdeva and Surendra Kumar Sachdeva vide lease agreement dated 10.12.1968 on a monthly rent of Rs.1450/-.
4. It is stated that when the suit premises was let out to the defendants, it was without unauthorized construction, encroachment and alteration. However, the defendants have altered the suit premises without intimation to the plaintiffs. Resultantly, L&DO had marked and recorded the misuse/unauthorized construction and claimed dues payable from the plaintiffs.
6. It is because of the aforesaid disputes which have arisen between the plaintiffs and the defendants, the plaintiffs have filed the present suit se
The determination of whether premises qualify as a commercial dispute hinges on actual use, not merely the designation of the property as residential.
A lease agreement for property utilized commercially requires adherence to commercial dispute procedures, and refusal to pay rent based on residential classification is invalid if the commercial use ....
An eviction suit under the M.P. Accommodation Control Act does not constitute a commercial dispute and is maintainable in Civil Court, not Commercial Court.
A plaint must be read meaningfully to determine if it discloses a cause of action; issues of jurisdiction and limitation are to be resolved at trial.
A dispute arising from an agreement to sell immovable property used for trade is a commercial dispute, mandating resolution in a Commercial Court, as clarified by statutory definitions.
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