The Single Bench of the Delhi High Court in the case of Suresh Chikara vs Govt. of NCT of Delhi Through Its Chief Secretary & Anr. consisting of Justice Saurabh Banerjee held that a person in possession of a property does not and cannot become the owner of the same.
Facts:
By this petition, learned counsel for the petitioner challenged the order passed by the Appellate Authority of Divisional Commissioner, Department of Revenue, Govt. of NCT of Delhi, whereby the appeal under Rule 22(3) (4) of the Delhi Maintenance and Welfare of Parents and Senior Citizen Amended Rules against the original order, the District Magistrate (North) was disposed of. Vide the said original order, the District Magistrate rejected the eviction application of the father of the petitioner-respondent no.2 on the ground that the civil suit was pending and as per the status report filed by I.O, it was a simple property dispute between the father and son and that no ill-treatment had been proved.
The Appellate Authority in the impugned order directed the respondent and his family to vacate the suit property as per law and hand over the peaceful possession to the appellant and further not to interfere in the peaceful living of the appellant.
Contentions Made:
Petitioner: It was contended that though the petitioner was the son of the registered owner of the property in question and was in possession, however, admittedly, he did not possess any title documents in his favour.
Observations of the Court:
The Bench noted that the petitioner was merely seeking to continue to be in illegal possession of the property, despite knowing fully well that the person in possession does not and cannot become the owner. In this case, the father of the petitioner-respondent no.2, being the holder of the title documents of the property in question, there was nothing wrong in the impugned order dated 22.11.2022. The petitioner was merely trying to re-agitate the issues which under fact and law were already settled.
The decision of the Court:
Given the aforesaid, especially the fact that the petitioner was not the owner of the property in issue, this writ petition, admittedly, had been filed by a rank outsider who had no right and/or claims to the property in question against a person who was the real owner. This Court did not find any merit in this petition and was accordingly dismissed. Accordingly, Respondent no. 2 was directed to approach the concerned Authorities for enforcement/execution of the order.
Case: Suresh Chikara vs Govt. of NCT of Delhi Through Its Chief Secretary & Anr.
Coram: Justice Saurabh Banerjee
Case No: W.P.(C) 17772/2022, decided on 30th December 2022
Advocates for Petitioner: Mr. Deepak K. Tyagi and Mr. Ranjan Rajput.
Advocates for Respondents: Mr. Anurag Nasiar, Mr. Tushar Sannu, Advocates for R-1 with SI Mahendra Pratap, Mukherji Nagar. Mr. P.K. Rawal and Mr. Tarun Agarwal, Advs. for R-2 along with R2 in person.
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