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2026 Supreme(Del) 457

IN THE HIGH COURT OF DELHI AT NEW DELHI
Neena Bansal Krishna, J.
Kumar Jai Singh, S/o Late Sh. R. P. Singh - Appellant
Versus
Mrs. Neelima thakur Since Deceased Represented through her LRs. - Respondent
RFA 193 of 2024 & CM APPL. 16789 of 2024
Decided On : 05-06-2026

Advocates Appeared:
For the Appellant :Mr. Arvind Varma, Sr. Advocate with Mr. Saurabh Seth, Ms. Mahima Chauhan, Ms. Sneha Masani and Mr. Pratham Mehrotr, Advocates.
For the Respondent:Mr. Arunav Patnaik, Ms. Aanchal Tikmani, Mr. Nirbhay Nitya Nanda and Mr. Shiladitya Gopalkrishna, Advocates.

A tenant cannot claim ownership or protection against eviction based on an unregistered oral agreement. The jural relationship of landlord and tenant persists until surrender of possession, and the doctrine of part performance requires a registered instrument to be enforceable against the owner.

Headnote:(A) Code of Civil Procedure, 1908 - Order XII Rule 6 - Judgment on admissions - Eviction and possession - Suit for recovery of possession - Tenant claiming ownership based on oral agreement - Doctrine of part performance - Registration requirement - Estoppel against tenant.

(B) Arbitration and Conciliation Act, 1996 - Section 8 - Arbitration agreement - Enforceability after expiry of lease - Expiry by efflux of time renders arbitration clause non-binding for recovery of possession suits.

Facts of the case:
The owner of a residential property filed a suit for eviction and possession against the occupant after the lease period expired by efflux of time. The occupant contested the suit, asserting ownership based on a purported oral agreement to sell and an alleged part payment of consideration. The trial court decreed the suit under the provision for judgment on admissions, noting the defendant's status as a tenant. The defendant appealed, arguing that the claim of ownership should have precluded a summary decree and that the dispute should have been referred to arbitration.

Findings of Court:
The court held that the occupant's status remained that of a tenant as no registered document was executed to transfer tile. Amere claim of an oral agreement to sell does not alter the nature of possession. The jural relationship under the lease is not extinguished by an unenforceable, unregistered agreement.

Issues: The main issues were whether a decree for possession can be passed on admissions when the defendant sets up a plea of ownership via an oral agreement; whether an arbitration clause survives the expiry of a lease; and whether the doctrine of part performance protects possession in the absence of a registered instrument.

Ratio Decidendi: A tenant is estopped from denying the landlord-tenant relationship until possession is surrendered. An oral agreement to sell, lacking a registered instrument, cannot serve as a defense to eviction or confer ownership rights. The doctrine of part performance is inapplicable without a registered document, and thus, the court correctly exercised its jurisdiction to grant a decree on admissions.

Result: Appeal dismissed.

Table of Content
1. factual background of tenancy, subsequent lease extensions, and the appellant's claim of an oral agreement to sell. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
2. procedural history, framing of issues, and grounds of appeal regarding the trial court's dismissal of arbitration and order on admissions. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31)
3. case law citations and arguments regarding the threshold for granting a decree under order xii rule 6 cpc and the impact of a parallel specific performance suit. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47)
4. evidence analysis highlighting the lack of registration for the alleged agreement and the persistence of tenant status. (Para 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55)
5. legal requirements for part-performance under section 53a tpa for protection against eviction. (Para 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68)
6. final outcome: tenancy status persists until a decree for specific performance is actually executed. (Para 69 , 70 , 71 , 72 , 73 , 74)

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 ('CPC') has been filed on behalf of the Appellant/Defendant, Mr. Kumar Jai Singh against the Judgment and Decree dated 14.02.2024, whereby the Civil Suit bearing CS No.57/2020, filed on behalf the Plaintiff/Respondent Mrs. Nilima Thakur, has been decreed against the Appellant; and Plaintiff's Application under Order XII Rule 6 of CPC has been allowed, directing the Defendant to handover vacant and peaceful possession.

2. The Plaintiff/Respondent Mrs. Nilima Thakur has filed CS (OS) No.57/2020 seeking Eviction and Possession of the Property bearing No.198, Munirka Enclave, New Delhi (hereinafter referred to as 'Suit Property') along with Mesne Profits.

3. The facts in brief, are that Plaintiff / Respondent, who is registered owner of the Suit Property, through SPA Holder Mr. Ajay Kumar, let out the Suit Property to the Defendant / Appellant Mr. Kumar Jai Singh, vide Lease Deed dated 23.12.2011, for residential purpose since 01.01.2012 @ Rs.47,500/- per month, besides maintenance.

4. It was further agreed between the parties that the rent would be enhanced by 10% on the expiry of period of Lease Deed and an interest free security deposit of Rs.95,000/- had also been paid to the Plaintiff / Landlord vide Cheque No.157110 dated 16.12.2011. It was also agreed that in case, the Defendant / tenant fails to vacate the Suit Property, due to any reason whatsoever, and continues to illegally occupy the Suit Premises, he was liable to pay Rs.2,000/- per day as damages, for the period of default in handing over the vacant possession of the Suit Property to the Plaintiff.

5. In terms of the Lease Deed, Defendant stated living as tenant in the Suit Property from 01.01.2012 and was paying the monthly rent, as was agreed between the parties. This Lease Deed was extended Five times in the coming years with enhanced rent and vide last Lease Deed, rate of rent was payable @ Rs.61,000/- per month from November, 2016 to 31.10.2017 and all the terms and conditions of the first Lease Deed dated 23.12.2011 were same. After expiry of this last extended Lease Deed, Plaintiff sought possession of the Suit Property and did not extended it, after its expiry on 31.10.2017.

6. On request of the Defendant, Plaintiff along with her husband visited the Defendant's house, to discuss the modalities in respect of the Suit Property, wherein Defendant and his wife Mrs. Aparna Singh, introduced them to one Mr. Khan, allegedly the Defendant's driver, who picked up a fight and extended threats to the Plaintiff and her husband and pressurized them to sign an amendment to original Lease Deed dated 23.12.2012, which had already been prepared by the Defendant. The applicable rent of Rs.61,000/- was also forcibly reduced to Rs.50,000/- per

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2026 Supreme(Del) 457

IN THE HIGH COURT OF DELHI AT NEW DELHINeena Bansal Krishna, J.Kumar Jai Singh, S/o Late Sh. R. P. Singh - AppellantVersusMrs. Neelima thakur Since Deceased Represented through her LRs. - RespondentRFA 193 of 2024 & CM APPL. 16789 of 2024Decided On : 05-06-2026

A tenant cannot claim ownership or protection against eviction based on an unregistered oral agreement. The jural relationship of landlord and tenant persists until surrender of possession, and the doctrine of part performance requires a registered instrument to be enforceable against the owner.

Cases Referred (7)

IN THE HIGH COURT OF DELHI AT NEW DELHI
Neena Bansal Krishna, J.
Kumar Jai Singh, S/o Late Sh. R. P. Singh - Appellant
Versus
Mrs. Neelima thakur Since Deceased Represented through her LRs. - Respondent
RFA 193 of 2024 & CM APPL. 16789 of 2024
Decided On : 05-06-2026