JUDGMENT

1. The present appeal filed under Order XLIII Rule 1 of Code of Civil Procedure, 1908(hereinafter referred to as „CPC‟) is directed against the order dated 18.09.2024, passed by the Trial Court, whereby the suit was held to be a Commercial Suit and the plaint was returned under Order VII Rule 10 CPC.

2. The facts, in a nutshell, are that in the plaint, the plaintiff had asserted that Commercial/industrial Shed bearing No.6A, D.D.A Sheds, Okhla Industrial Area, Phase-II, New Delhi (hereinafter the „suit property‟) was allotted to him by DDA in an Auction held on 30.10.1981, whereafter he became its exclusive owner on payment of the sale consideration. A Possession Letter dated 04.08.1982 was also issued in his name. Thereafter, the suit property was used by the plaintiff as the office of his partnership firm namely, “M/s DESCON India”. It was further claimed that the defendant, who is the elder brother of the plaintiff, was running his partnership firm in the name of “M/s Associated Engineers” from the adjacent premises bearing Shed No. 5-A, D.D.A Sheds, Okhla Industrial Area, Phase-II, New Delhi and requested the plaintiff to permit him to use the portion of suit property.