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2024 Supreme(Online)(DEL) 358

HIGH COURT OF DELHI
JUSTICE PRATHIBA M. SINGH, J
AJAY GUPTA & ANR. – Appellant
Versus
M/S GREENWAYS – Respondent


Advocates:
Ms. Sonali Chopra and Ms. Shristhi Boobna, Advs. (M. 8294279930); Mr. Praveen Kumar, Adv. (M. 9999099325)

JUDGEMENT

1. This hearing has been done through hybrid mode. I.A. 20903/2022 & CS(COMM) 125/2023

2. The present application has been filed on behalf of the Plaintiffs under Order 12 Rule 6 seeking possession of the property in question i.e., open courtyard admeasuring 15x6 ft. located at E-20, Connaught Place, New Delhi– 110001 in favour of the Plaintiffs and injunction against the Defendant.

BACKGROUND FACTS:

3. This is a suit for decree of possession and other reliefs, filed by the Plaintiffs - Ajay Gupta and Sanjay Gupta, in respect of the open courtyard space admeasuring 15x6 ft. located at E-20, Connaught Place, New Delhi– 110001(hereinafter ‘suit property’).

4. The present suit involves the Plaintiffs, who are the sons of late Mr. Y.N. Gupta, and the Defendant, who is a permissive user of the suit premises. The Defendant was inducted as a tenant in the front and rear portions of the property in the years 1968 and 1980 respectively, and has been running a shop under the name GREENWAYS. The Plaintiffs’ father had permitted the Defendant to use an open space at the rear of the tenanted shops, admeasuring 15x6 ft. to keep the generator set on a license fee for ₹3,000/- per month since

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