SANJEEV KUMAR CHHATWAL Vs. PAWAN KUMAR BHARARA

JUDGEMENT

(1.) This first appeal assails judgment and decree dtd. 5/3/2025 passed by the learned District Judge (Commercial Court) Delhi["learned Commercial Court", hereinafter] in CS (COMM) 249/2024. The appellant was the defendant in the said suit and the respondent was the plaintiff.

(2.) The respondent, Mr. Pawan Kumar Bharara["Pawan", hereinafter], instituted the aforesaid suit against the appellant, Mr. Sanjeev Kumar Chhatwal["Sanjeev", hereinafter], claiming to be the sole and absolute owner of the property situated at the first floor in Municipal No. 1223-32, Pvt. No. F13, Ward No. XIV, Gali No. 11, Sadar Bazar, Delhi-110006["suit property", hereinafter]. Pawan claimed to have obtained ownership of the suit property vide sale deed dtd. 25/2/2022, executed by one Mr. Sudarshan Kumar Arora, erstwhile owner of the property.

(3.) It was alleged, in the plaint, that, after having obtained ownership of the suit property, Pawan felt unwell and was unable to attend to the suit property, during which time, Sanjeev trespassed and took possession of the suit property. Pawan issued a legal notice to Sanjeev on 22/6/2023, calling upon him to vacate the suit property and hand over vacant and peaceful possession thereof. On Sanjeev failing to do so, Pawan instituted CS (COMM) 249/2024 before the learned Commercial Court, seeking possession of the suit property along with damages and mesne profits to the tune of Rs.20,000.00 per month.