* IN THE HIGH COURT OF DELHI AT NEW DELHI th % Reserved on: 19 January, 2026 Pronounced on: 07^th April, 2026 + RFA 394/2023, CM APPL. 25538/2023, 38832/2025& 38833/2025 MRS. KULDIP KAUR LUTHRA W/o Sh. Charanjit Singh R/o 2C/26, First Floor, New Rohtak Road, Karol Bagh, Delhi-05 .....Appellant Through: Mr. Ashish Kapur, Ms. Chhavi Luthra, Mr. Anmol Kapur and Mr.

Rishap Atal, Advs.

versus

1. SH. SARABJIT SINGH S/o Late Jasbir Singh ....Respondent No. 1

2. SMT. HARINDER KAUR W/o Late Jasbir Singh .....Respondent No.2 Both at -2C/26, Ground Floor, New Rohtak Road, Karol Bagh, Delhi-05 Through: Mr. Manpreet Singh Dua, Mr.

Bharatdeep Singh & Ms. Kartigha, AOR.

+ CONT.CAS(C) 829/2025 MRS. KULDIP KAUR LUTHRA W/o Sh. Charanjit Singh R/o 2C/26, First Floor, New Rohtak Road, Karol Bagh, Delhi-05 .....Petitioiner Through: Mr. Ashish Kapur, Ms. Chhavi Luthra, Mr. Anmol Kapur and Mr.

Rishap Atal, Advs.

versus

1. SARABJIT SINGH S/o Late Jasbir Singh

2. SUNITA LUTHRA W/o Sarabjeet Singh Both at -2C/26, Ground Floor, New Rohtak Road, Karol Bagh, Delhi-05.

.....Respondents Through: Mr. Manpreet Singh Dua, Mr.

Bharatdeep Singh & Ms. Kartigha, AOR.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

CM APPL.38833/2025 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. The Application stands disposed of.

RFA 394/2023

3. Regular First Appeal under Section 96 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) has been filed on behalf of the Appellant/Plaintiff, to challenge the Judgment and Decree dated 19.11.2022 whereby the learned Additional District Judge, Tis Hazari Courts, Delhi, has dismissed the Suit for Mandatory Injunction, Possession, damages, Mesne Profits and Injunction, against the Plaintiff.

4. The Suit No. 616986/2016 was filed by the Plaintiff for Mandatory Injunction, Possession, damages, Mesne Profits and Injunction.

5. Brief facts are that Smt. Harbhajan Kaur was the owner of the entire property bearing No. 2C/26, New Rohtak Road, Karol Bagh, New Delhi, by virtue of the Sale Deed dated 01.12.1959. She had three sons, namely, Mr. Ravinder Singh Luthra, Mr. Charanjit Singh and Mr. S. Jasbir Singh. Mr. S. Jasbir Singh was apparently the adopted son, who died in May, 2001. The Respondents, who are the wife and sons of Late Mr. S. Jasbir Singh, have been living in the half ground floor portion of the subject Property, which is the Suit Property in question, on lease and license basis.

6. The Plaintiff further stated that Smt. Harbhajan Kaur, mother of Mr. Charanjit Singh, had executed a General Power of Attorney dated 22.06.2007, Ex.PW-1/2 in respect of the Property in question, in favour of Mr. Charanjit Singh to manage, deal and execute any documents in respect of the Property.

7. Mr. Charanjit Singh thereafter, on the basis of GPA for and on behalf of his mother, Ms. Harbhajan Kaur, executed the Gift Deed dated 15.04.2008 in favour of his wife, Ms. Kuldip Kaur Luthra/Plaintiff, who thus, is asserted to have become the owner of the half ground floor portion, which is in occupation of the Respondents.

8. The Plaintiff, wife of Mr. Charanjit Singh, asserted that being the close relatives, she never objected to their living in the Suit Premises, but it was with the clear understanding that they were only licensees and shall vacate the Suit Property, as and when required by the Plaintiff.

9. Due to the hostile attitude and misbehaviour of Defendants, Plaintiff was no more interested to allow them to remain in the premises. She served a Legal Notice dated 24.03.2009 asking them to vacate the premises after which, the present Suit was filed for Possession and for Mesne Profits @Rs.10,000/- per month w.e.f. 16.04.2009.

10. The Suit was contested by the Respondents/Defendants, who in their Written Statement, asserted that Plaintiff had no locus standi to file the Suit as she has no right to seek the possession from the Defendants, who had been in possession as co-owners