PANCHAM LAL Vs. RAKESH KUMAR

JUDGEMENT

(1.) The present petition has been filed invoking the supervisory jurisdiction of this court under Article 227 of the Constitution of India challenging the order dtd. 18/12/2021 passed by the Learned Additional District Judge -03 (Central), Tis Hazari Court, Delhi ('Trial Court') in CS No. 1655/2018 titled as 'Pancham Lal vs Rakesh Kumar' whereby the learned trial court disposed of the application moved by the petitioner herein under Order XV-A read with Sec. 94(e) of Code of Civil Procedure, 1908 ('CPC') seeking directions to the respondent to deposit entire arrears of damages and mesne profit at Rs.8,000.00 per month to the petitioner. However, the learned trial court directed the respondent to deposit rent in the bank account of petitioner w.e.f. 2019 to the extent of admitted rent only i.e. Rs.147.00.

(2.) The brief background of the case is such that the suit property i.e. bearing MCD No. 5426-5427 and 5432-33, ad-measuring 49.32 square meters (approx.) situated at Laddu Ghati, Near Shora Kothi, Pahar Ganj, New Delhi, 110055 was owned by Late Shri Bhagirath Mal. After his death in 1972, Late Shri Bhagirath Mal left behind his wife Smt. Vidyawati and three sons namely Shri Kripa Narain, Shri Jai Narain and Shri Ravi Garg and three daughters namely Smt. Indrani Gupta, Smt. Lalita Gupta and Smt. Snehlata.

(3.) Following the unfortunate demise of Shri Bhagirath Mal, his 9 legal heirs emerged and of which 8 legal heirs executed a relinquishment deed dtd. 29/12/2010 in favor of the 9th legal heir namely Smt. Snehlata Aggarwal in respect of the suit property which came to be duly registered in the office of Sub Registrar, III, Delhi on 24/2/2011.