* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 12th February, 2024 % Pronounced on: 28th June, 2024 + CS(OS) 600/2019 & I.As.16252/2019, 16253/2019, 3194/2020, 3309/2020, 9594/2020, 9610/2020, 2018/2021, 2753/2021, 2765/2021, 14527/2022, 11061/2023, 25995/2023 HEM MANOHAR R/o 16, Johnson Close, Winthrop, Perth, 6150 WA Australia, Through Special Power of Attorney Holder, Mr. Uma Shankar Seth, R/o A-2/1 Vasant Vihar, New Delhi-110057 ..... Plaintiff No. 1 VIVITA TAYAL R/o 51, Hersperia Avenue, City Bench, Perth, WA 605 Australia, Through Special Power of Attorney Holder, Mr. Uma Shankar Seth, R/o A-2/1 Vasant Vihar, New Delhi-110057 ..... Plaintiff No. 2 Through: Mr. Arjun Singh Bawa & Mr. Sahil Gupta, Advocates.

versus

1. RACHNA GUPTA W/o Mr. Rajinder Gupta, Partner of M/s Sangeeta Leasings, R-235, Greater Kailash-1, New Delhi-110048 ..... Defendant No. 1

2. SANJAY GUPTA Partner of M/s Sangeeta Leasings, R-235, Greater Kailash-1, New Delhi-110048 ..... Defendant No. 2 Signature Not Verified Digitally Signed CS(OS) 600/2019 Page 1 of 49

3. M/S SANGEETA LEASINGS Through its Partner, Mrs. Rachna Gupta, Having its registered Office at:

R-235, Greater Kailash-1, New Delhi-110048 ..... Defendant No. 3

4. SUDHIR KAMATH Occupant of Ground Floor, E-12/4, Vasant Vihar, New Delhi-110057 ..... Defendant No. 4

5. MALVIKA PILLAI Occupant of Ground Floor, E-12/4, Vasant Vihar, New Delhi-110057 ..... Defendant No. 5

6. NARENDER BAJAJ Occupant of Ground Floor, E-12/4, Vasant Vihar, New Delhi-110057 ..... Defendant No. 6

7. ALOK BRARA Occupant of Ground Floor, E-12/4, Vasant Vihar, New Delhi-110057 ..... Defendant No. 7 Through: Mr. Varun Shankar & Mr. Aryan Panwar, Advocates for D-1 to 3.

Ms. Monica Lakhanpal & Mr. Utkarsh Tiwari, Advocates for D-4 &

5.

Mr. M.K. Shah, Advocate for D-6 &

proposed D-8.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

I.A. 7952/2023 (u/Order XII Rule 6 r/w Section 151 of CPC, 1908)

Signature Not Verified Digitally Signed CS(OS) 600/2019 Page 2 of 49

1. By way of present application under Order XII Rule 6 CPC, the applicants/plaintiffs seeks judgment for possession based on admissions.

2. The plaintiffs have filed Suit for Eviction, Rendition of Accounts, Damages for Loss of Rent and Injunction, against the defendants.

3. It is asserted in the Application that the defendant Nos. 1 to 3 have unequivocally admitted that Late Shri Manohar was the owner of the Suit Property No. E-12/4, Vasant Vihar, New Delhi-110057, admeasuring 829 sq. yards. The suit property stands mutated in favour of the plaintiffs, who are the wife and daughter of Late Shri Manohar, vide Mutation Letter dated 06.08.2019 and Corrigendum dated 19.11.2019 issued by the Delhi Development Authority (in short „DDA‟). The defendants are now estopped from denying the title of the plaintiffs as the owner of the suit property.

4. It is further submitted in the Application that the plaintiffs had filed the Application No. I.A. 16253/2019 under Order XXXIX Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC, 1908”) seeking direction to the defendants to deposit the arrears of rent. The said application has been allowed vide Order dated 17.02.2020, in compliance of which the defendant Nos. 1 to 3 have deposited a sum of Rs. 1,00,000/- in the Court. Hence, the act of deposit of rent, amounts to admission on the part of the defendant Nos. 1 to 3 that they have not paid the rentals to the plaintiffs under the Lease Deed since 1999.

5. Admittedly, the defendant Nos. 1 to 3 have also not paid any rent to the plaintiffs under the Lease Deed dated 01.10.2013. Late Shri Manohar, predecessor-in-interest of the plaintiffs, died on 06.04.2017. The General Power of Attorney dated 17.01.1979 executed by Late Shri Manohar in favour of Shri Rajinder Kumar Gupta, husband of the defendant No.

Signature Not Verified Digitally Signed CS(OS) 600/2019 Page 3 of 49

1/Rachna Gupta, stands terminated in terms of Section 201 of the Con