Neutral Citation Number : 2022/DHC/004331

CM(M) 775/2022

Page 1 of 10

$~11(Appellate)

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CM(M) 775/2022 & CM APPL.34338/2022

AMIT VATS AND ANR

..... Petitioners

Through:

Mr.Mukesh Anand, Adv.

versus

AJAY JAIN

..... Respondent

Through:

Mr.Amreek Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

J U D G M E N T (O R A L)

%

17.10.2022

1.

This petition, under Article 227 of the Constitution of India,

assails order dated 26^th July 2022, passed by the learned Additional

Senior Civil Judge (“the learned ASCJ”) in CS 1228/21 (Ajay Jain v.

Amit Vats), by which the learned ASCJ has rejected the application of

the petitioner, as the defendant in the said suit, under Order VII Rule

11 of the Code of Civil Procedure, 1908 (CPC), seeking dismissal of

the suit instituted by the respondent against the petitioners.

The plaint

2.

Inasmuch as the impugned order has been passed on an

application filed by the petitioners under Order VII Rule 11 of the

CPC, it is necessary to briefly note the case set up by the respondent,

as the plaintiff in the plaint.

Digitally Signed

By:SUNIL SINGH NEGI

Signing Date:18.10.2022

15:30:50

Signature Not Verified

Neutral Citation Number : 2022/DHC/004331

CM(M) 775/2022

Page 2 of 10

3.

The suit deals with a property situated at A-31, Yojana Vihar,

Delhi, particularly the upper ground floor, first floor and terrace (the

suit property) thereof. I may note, even at this juncture, that there is,

in the pliant, some degree of contradiction, inasmuch as, in para 2 of

the plaint, it is averred that the suit premises were purchased by the

wife of the respondent, whereas, in paras 4 and 5, the respondent

claims to have purchased the suit premises himself.

4.

As against this, as per the averments in the plaint, Petitioner 1 is

the owner and Petitioner 2 and his family members are the occupiers

of the second and third floor of the property at A-31, Yajana Vihar,

Delhi.

5.

Paras 2, 4, 5 to 10 and 14 of the plaint, which set out the basis

for the rights asserted by the petitioners, may be reproduced thus:

“2.

That wife of the plaintiff namely Akansha Jain is the

owner and plaintiff and his family members are the occupier

of Upper Ground Floor and First Floor alongwith the terrace

floor of building no.A31, Yojna Vihar, Delhi. The Wife of the

plaintiff has purchased the said portion vide registered sale

deed No.7105 in book no.l, Vol No.2005 on page no.64 to 73

on dated 13-9-2019 and thumb impressions have taken in the

presence of Sub Registrar IV b Vivek Vihar Delhi from the

erstwhile owners i.e. Sh. Lokesh Tayal. The building was

constructed by the builder comprising of the Stilt, Upper

ground floor, First floor, Second floor, Third floor and terrace.

It is mentioned in the sale deed that “Whereas the vendor is

the absolute owner and in possession of 50% share of entire

built up freehold residential property bearing No.A-31(Plot

No.31, Block-A), Land Area Measuring 222.10 Sq.Mrs.

Having its plinth/covered area measuring 832.85 Sq. Mtrs

(Approx.) Alongwith its whole of the structure according to

the site thereon, consisting of stilt plus four storey thereon,

with roof/terrace rights, with the rights to further/upper storey

construction upto the last storey, fitted with electricity and

Digitally Signed

By:SUNIL SINGH NEGI

Signing Date:18.10.2022

15:30:50

Signature Not Verified

Neutral Citation Number : 2022/DHC/004331

CM(M) 775/2022

Page 3 of 10

water connection in running condition, situated in the layout

plan of planning commission cooperative house building

society ltd. presently colony known as "Yojna Vihar", Delhi-

110092.”

*****

4. That the Upper Ground and First floor and the terrace

rights’ have been purchased by the Plaintiff alongwith the

common areas and facilities like the right to use all entrances,

common lift facility, passages, staircases upto terrace, their

own serva