$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 16^th December, 2024 + C.R.P. 169/2023, CM APPL. 34243/2023, CM APPL. 34245/2023 BIR SINGH S/o Late Shri Roop Singh R/o House No. 565/381/204 Filst F loor, Paryvaran Complex, Saidulajab. New Delhi- 1 10030 .....Petitioner Through: Mr. Rahul Malhotra and Mr. Chirag Goyal, Advocates.

versus

1. PRATAP SINGH (THROUGH LRS)

S/o Late Sh. Roop Singh R/o House No. 56513811204 First Floor, Paryvaran Complex, Saidulajab, New Delhi- 110030 2. SH. DEEPAK RATHORE S/o Late Sh. Pratap Singh R/o House No. 56513811204 First Floor, Paryvaran Complex, Saidulajab, New Delhi- 110030

3. SMT. RAJNI RATHOD W/o Late Sh. Pratap Singh R/o House No. 56513811204 First Floor, Paryvaran Complex, Saidulajab, New Delhi- 110030

4. SMT. AARTI RATHOD D/o Late Sh. Pratap Singh Signature Not Verified DigitallySigned By:SAHIL C.R.P. 169/2023 Page 1 of 8 R/o House No. 56513811204 First Floor, Paryvaran Complex, Saidulajab, New Delhi- 110030 .....Respondents Through: Mr. Jagat Singh Baasta and Ms. Art, Advocates. CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (Oral)

1. A Civil Revision Petition under Section 115 read with Section 151 CPC, 1908 has been filed on behalf of the Revisionist/Plaintiff Sh. Bir Singh to challenge the Order dated 15.03.2023 vide which the Application under Order XII Rule 6 CPC, 1908 for Judgment on Admission, has been dismissed.

2. Briefly stated, the Plaintiff had filed a Suit for Declaration, Possession, Permanent Injunction, Recovery of Money and Mesne Profits against the Respondents/ Defendants who are his elder brother- Sh. Pratap Singh (Defendant No.1), the brother’s wife- Smt. Rajni Rathore (Defendant No. 3) and their two children namely Sh. Deepak Rathore (Defendant No. 2)

and Smt. Aarti Rathore (Defednant No. 4).

3. The averments made in the plaint were that the Plaintiff/Revisionist was the owner of the property bearing No.565, Khasra No.391/204, Prayavaran Complex, Saidulajab, Mehrauli, New Delhi (hereinafter the “suit property”), having purchased the same on the basis of Agreement to Sell, Power of Attorney, Receipt etc dated 12.07.1995, on payment of sale consideration of Rs.60,000/-, from the recorded bhoomidar/erstwhile owner Sh. Rambir Singh.

Signature Not Verified DigitallySigned By:SAHIL C.R.P. 169/2023 Page 2 of 8

4. Since Defendant No.1- Shri Pratap Singh the elder brother of the Plaintiff, was differently abled, he was permitted along with his family to stay on the First Floor of the suit property, while the Plaintiff/Shri Bir Singh and his family resided on the Second Floor of the suit property. The Plaintiff also permitted him to collect the rent of two rooms on the Ground Floor of the suit property which was in the possession of the tenant out of love and affection as the elder brother was not having sufficient income.

5. However, since the Defendants started harassing the Plaintiff and threatened to grab the title and possession of the suit property, the Plaintiff terminated the permissive use of the Defendants in the Suit property in July 2018. The Plaintiff also asked the Defendants to cease and desist from collecting the rent from the tenants.

6. The Defendants neither vacated the suit property nor ceased to collect the rent in respect of the two rooms on the ground floor. The Plaintiff, being the sole owner of the suit property, was constrained to file the first Civil Suit bearing C.S. No. 24/2020 for permanent Injunction, Mandatory Injunction and mesne profits against the Defendants.

7. In the above suit, the Defendants filed their Written Statement and raised a defense that though the property is in the name of the Plaintiff, the sale consideration of Rs. 60,000/- was paid by the Defendants and the Plaintiff had already transferred his right title and interest in the suit property to the Defendant No. 1/Sh. Pratap Singh, for a consideration of Rs. 1,00,000/- vide ATS, GPA, Will, Receipt, and Possession Letter dated

29.01.2018.

8. The first Civil S