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* IN THE HIGH COURT OF DELHI AT NEW DELHI BEFORE HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV + CS (OS) 960/2024

1. SMT. SAIRA BANU KHAN WIDOW OF LATE SH. YUSUF KHAN @ DILIP KUMAR

2. SHRI RAIHAN AHMED S/O LATE SH. SULTAN AHMAD

3. MS. SHAHEEN AHMED D/O LATE SH. SULTAN AHMAD ALL RESIDENTS OF:- SOLITAIRE APARTMENT, 34-B, PALI HILL, NARGIS DUTT ROAD, BANDRA (WEST), MUMBAI - 400050 ALSO AT:-

HOUSE NO. 259/5-B AUROBINDO MARG, MEHRAULI, NEW DELHI-110030 …..PLAINTIFFS (Through: Mr. Rakesh Munjal, Sr. Adv with Mr. Rakesh Kumar, Mr. Sunil and Mr. Lokesh Kumar, Advs.

VERSUS

1. MOHAMMAD SALEEM S/O LATE SHRI SHABBIR AHMED

2. MS. QAISAR SULTANA W/O. SH. MOHAMMAD SALEEM

3.MS. LARABA SALIM D/O SH. MOHAMMAD. SALEEM ALL ARE PRESENTING STAYING AT:-

5B WHICH IS PART OF 259/5-B, AUROBINDO MARG, MEHRAULI, NEW DELHI-110030. ……DEFENDANTS (Through: Mr. Mir Akhtar Hussain, Mr. Rakesh Pant and Ms. Sonia Goswami, Advs. with D-1 & 2 in person.)

------------------------------------------------------------------------------------ % Reserved on: 12.12.2025 Pronounced on: 09.03.2026 -----------------------------------------------------------------------------------

JUDGMENT

I.A.-47370/2024 (BY THE PLAINTIFF No.2 UNDER ORDER XV-A READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908 (“CPC”

The present application has been filed by Plaintiff No. 2 on behalf of all Plaintiffs under Order XVA read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter “CPC"), seeking directions for payment/deposit of mesne profits, damages, and/or use and occupation charges by Defendant Nos. 1 to 3 in respect of the suit property bearing No. 259/5-B, Aurobindo Marg, Mehrauli, New Delhi - 110030, comprising land and built-up structures in Khasra Nos. 670/27, 28, and 29, Village Lado Sarai, Tehsil Mehrauli, New Delhi, admeasuring 9 bigha and 1 biswa (hereinafter "the Suit Property”).

2. The instant suit has been filed seeking possession, mesne profits/damages, mandatory and permanent injunction.

Brief facts

3. The plaintiffs are stated to be the absolute co-owners of the suit property, which is asserted to be the self-acquired property of their predecessor-in-title, late Ms. Roshan Ara Begum (hereinafter the “Deceased Owner”). It is alleged that the Deceased Owner had purchased the suit property in her own name through a duly registered sale deed and had exclusive ownership thereof during her lifetime.

4. The plaintiffs trace their title to the suit property through the Deceased Owner. The Deceased Owner was married to Mr. Mohammad Ehsan, also known as Ehsan-ul-Haq, son of Mr. Khan Bahadur Mohammad Solaiman, Executive Engineer. From the wedlock, Mr. Sultan Ahmad was born on 16.02.1939 at Delhi, and Ms. Saira Banu Khan, i.e Plaintiff no. 1 was born on 23.08.1944 at Mussoorie.

5. Mr. Sultan Ahmad left for his heavenly abode on 15.01.2016, leaving behind his legal heirs, namely his son Mr. Raihan Ahmed, i.e., plaintiff no.2 and his daughter Ms. Shaheen Ahmad, i.e., plaintiff no. 3. Plaintiff No. 3 is stated to be acting through plaintiff No. 2 by virtue of a Power of Attorney dated 11.11.2024.

6. It is stated that defendant No. 1 was granted temporary and limited accommodation in a small portion of the suit property, namely an outhouse, allegedly in his capacity as a caretaker and without the creation of any right, title, or interest in his favour. It is further alleged that such permission was subsequently extended to allow use of the garage portion of the property for operating a showroom-cum-shop. Defendant No. 1 is stated to have been occupying the said portions along with defendant No. 2, his wife and defendant No. 3, his daughter.

7. The outhouse and garage, excluding Shop No. 26/3 admeasuring approximately 20‟7” × 22‟3”, are alleged to collectively constitute the suit property. It is further alleged that on 18.03.1979, defendant No. 1 executed a written undertaking in favour of Mr. Sultan Ahmad, son of the Deceased Owner, wherein he acknowledged his status as a caretaker, underto