Sandeep Singh Duggal vs Bikramjeet Singh Duggal And Ors
2024 Latest Caselaw 7372 Del

Delhi High Court

Sandeep Singh Duggal vs Bikramjeet Singh Duggal And Ors on 13 November, 2024

Author: Manmohan

Bench: Tushar Rao Gedela, Manmohan

                              $~S-16
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      FAO(OS) 160/2024 & C.M.No.66093/2024
                                     SANDEEP SINGH DUGGAL                                       .....Appellant
                                                          Through:     Appellant in person.

                                                          versus

                                     BIKRAMJEET SINGH DUGGAL AND ORS           .....Respondents
                                                  Through: Mr.Aditya Wadhwa with
                                                           Mr.Shivansh Agarwal and Mr.Arnav
                                                           Sarma, Advocates for R-1.

                              %                                       Date of Decision: 13th November, 2024
                              CORAM:
                              HON'BLE THE CHIEF JUSTICE
                              HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                          JUDGMENT

MANMOHAN, CJ : (ORAL)

1. Present appeal has been filed challenging the order dated 01st October, 2024 passed by the learned Single Judge in I.A. No. 20123/2022 in CS(OS) No. 390/2022, whereby the application filed by Respondent no.1 under Section 151 CPC was partially allowed and Respondent no.1 was granted permission to lease the subject property and collect rent for the same.

2. The appellant, who appears in person, states that the Appellant/Plaintiff filed the subject suit for declaration, partition, rendition of accounts and injunction in respect of, inter alia, the subject property bearing no. D-1/11, Vasant Vihar, New Delhi.

3. He states that the Appellant has categorically and unambiguously averred in his plaint that late Sh. Sant Singh Duggal was the original allottee and the owner of the subject property which remained exclusively under his ownership and control till his death on 30th December, 1980 after which the subject property devolved upon his legal heirs including his wife and nine children.

4. He states that even if it is assumed that late Sh.Bhagwan Singh Duggal (father of Respondent no. 1) who passed away in March, 2021 was the owner of the subject property, Respondent no.1 has only inherited 25% share in the subject property.

5. Upon a perusal of the documents on record before the learned Single Judge, particularly the Perpetual Lease Deed dated 13th February, 1970, this Court is of the view that the title of the subject property is in favour of late Sh.Bhagwan Singh Duggal, the father of Respondent nos.1, 2 and 3. Further the lease deeds show that the subject property has always been tenanted since 1971 until 2022 and the rent was being received by Respondent no.1 after the death of his father.

6. This Court is further of the view that just because the Appellant has filed the suit, the status quo prevailing since last forty-two years cannot be disturbed/changed.

7. Accordingly, the present appeal along with the application being bereft of merits is dismissed.

MANMOHAN, CJ

TUSHAR RAO GEDELA, J NOVEMBER 13, 2024/KA