GURCHARAN SINGH Vs. J S MEHTA

JUDGEMENT

(1.) Cm No. 24144/2016 (exemption)

(2.) The respondent has filed the present suit for possession, recovery of future mesne profits/damages and for permanent injunction regarding property No. 32, Block 3, Old Rajinder Nagar, Delhi.

(3.) Learned counsel appearing for the petitioner submits that the impugned order has erroneously dismissed the application of the petitioner inasmuch as there is nothing on record whatsoever to show that the respondent is the owner of the suit property and that a frivolous suit has been filed against the petitioner. He further submits that the petitioner is a tenant of one Smt.Kanta Mehta and that in any case, the petitioner has nothing to do with the respondent. He also relies upon the observations of the Court of Sh. Satish Kumar Arora, ARC passed in a petition filed by the respondent/plaintiff under Section 14 (1) (a) dated 07.06.2013 to contend that the respondent does not have any title to the suit property. He has further submitted that a reading of the compromise and the application under Order 23 Rule 3 CPC placed on record and relied upon by the respondent would show that it does not confer a title on the respondent. Hence, he submits that the present plaint is utterly frivolous and has to be dismissed.