Full Text
HIGH COURT OF DELHI
Date of Decision: 16th September, 2025
SHIVANI SHARMA .....Plaintiff
Through: Mr. Murari Tiwari, Ms. Payal Dhupar, Ms. Nimisha Gupta and Mr. Anikesh Tiwari, Advocates.
Through: Mr. Chandan Kumar and Mr. Vikram Sharma, Advocates.
JUDGMENT
1. I.A. 47276/2024 has been filed on behalf of the defendant no.1 seeking recall of the order dated 24th October, 2024.
2. The order dated 24th October, 2024 was passed by the Predecessor Bench. The relevant extracts from the said order are set out below:
Delhi (‘suit property’) to the plaintiff.
2. In view of the peculiar stance taken by defendant no. 1, the concerned Additional Registrar who has filed the written statement under the index dated 10.08.2023 is directed to remain present in Court on the next date of hearing with the respect to the issue of handing over of the possession of the suit property to the plaintiff and also for payment of arrears of rent with effect from 01.09.2022 to 31.10.2024 to the plaintiff.
3. The defendant no. 1 is directed to deposit the arrears of rent of Rs. 27,500/- per month with effect from 01.09.2022 within a period of four (4) weeks.”
3. The aforesaid order was challenged by the defendant no.1 by way of an appeal being RFA (OS) 65/2024.
3.1. The said appeal was dismissed by the Division Bench while giving liberty to the defendant no.1 to move an application seeking recall of the direction for the personal appearance of its Additional Registrar. The relevant observations of the Division Bench are set out below:
4. Even though the liberty was given by the Division Bench only to seek exemption with regard to the personal appearance of the Additional complete recall of the order dated 24th
5. Vide order dated 5th December, 2024, the presence of the Additional order dated 5th December, 2024 are set out below: “5.3. He states that w.e.f. September, 2022 defendant no. 1 started paying House Rent Allowance (HRA) to defendant no. 2 until her repatriation to her parent organization in August, 2024. He states he will also produce the salary slip issued to defendant no. 2 for the period September, 2019 till July 2024 for perusal of this Court i.e. the period during which the defendant NO. 2 remained an employee on deputation with the defendant no. 1 organisation.
6. In view of the aforesaid submissions until the next date of hearing, the presence of Additional Registrar of defendant no. 1 is exempted.
7. Mr. Chandan Kumar, learned counsel for the defendant no. 1 states on instructions from Mr. Surjit Singh Rana, Additional Registrar, who is present in Court that as per defendant no. 1 the lease expired by efflux of time on 31.08.2022. He states that there was no renewal of the lease deed after 31.08.2022. He states that in these circumstances the defendant no. 1 verily believed that the lease deed has come to an end by efflux of time.
8. He states that it is correct that there was no formal communication between defendant no. 1 and Mr. Madan Gopal Sharma i.e., the landlord with whom the lease deed was entered into as regards the termination of the lease and surrender of possession. He states that the plaintiff herein has stated in the suit that the property bearing no. H. No. C-112, Kewal Kunj Apartment, Sector- 13, Rohini, Delhi (‘suit property’) has been subsequently transferred in her favour by her father, Mr. Madan Gopal Sharma through a gift deed.
9. He states to protect defendant no.1’s interest, defendant no. 1 hereby formally surrenders the possession of the suit property to the plaintiff with immediate effect so that no further rental obligation is attracted henceforth. He states that this submission is being made without prejudice to the stand that the lease came to an end by efflux of time of 31.08.2022.
10. He states that defendant no. 1 has no objection to the prayer with regards to decree of possession sought in the plaint at prayer clause (a).
11. He states that the said submission has been made without prejudice to the rights and contentions of defendant no. 2 in her own written statement which may be decided by this Court in accordance with law.
12. The said statements of defendant no. 1 are taken on record and defendant no. 1 are bound down to the said statement.
13. The rights and contentions of defendant no. 1 qua their liability for the period of rental between September, 2022 and December 2024 will be decided while adjudicating on I.A. 47276/2024.”
6. Subsequently, an application being I.A. 47765/2024 was filed by the defendant no.1 seeking deletion from the array of parties.
7. The plaintiff filed I.A. 10714/2025 seeking release of the amount of Rs.7.15 lakhs deposited by the defendant no.1 before this Court in terms of the order dated 24th
8. I have heard the counsels for the parties.
9. It is clear that the reliefs claimed by the defendant in the present application are beyond the liberty given by the Division Bench. The Division Bench had only given limited liberty to the defendant no.1 to seek recall of the order dated 24th October, 2024 to the extent the personal appearance of the Additional Registrar of the defendant no.1 in Court is concerned.
10. In the order dated 24th October, 2024, it was clearly noted that the defendant no.1 has not surrendered the possession of the property bearing no. H. No. C-112, Kewal Kunj Apartment, Sector- 13, Rohini, Delhi (‘suit property’), to the plaintiff.
11. In the order passed on 5th December, 2024, the stand of the defendant no.1 was noted that with effect from September, 2022, the defendant no.1 treated the lease to have expired and therefore, started paying House Rent Allowance (‘HRA’) to defendant no.2 until her repatriation to the parent organisation in August, 2024.
12. The Court has been shown the relevant salary slips in respect of defendant no.2 to show that with effect from 1st September, 2022, HRA has been paid to the defendant no.2.
13. Even if that be so, as a lessee of the property, it was incumbent upon the defendant no.1 to handover vacant possession of the suit property to the plaintiff after the expiry of the lease. The defendant no.1 simply cannot assume that the just because the lease has expired on 31st August, 2022, it did not have to handover vacant possession of the suit property to the lessor. Admittedly, defendant no.1 took no steps to recover possession from its employee, i.e. the defendant no.2, who was in occupation of the suit property in terms of the lease deed. The relevant extract from Clause III of the lease deed is set out below:
III. 2. That on expiry of this lease, the lessee will hand over vacant possession of the premises to the lessor with all fittings and fixtures intact and in proper working conditions to the satisfaction of the lessor subject to normal wear and tear.
14. It was recorded in the order passed on 5th December, 2025 that the defendant no.1 has formally surrendered the possession of the suit property on 5th December, 2024 before the Court.
15. In these facts and circumstances no grounds are made out for recall of the order dated 24th
16. Consequently, the amount of Rs.7.15 lakhs deposited by the defendant no.1 before the Court being the rent from 1st September, 2022 to 31st October, 2024 is ordered to be released in favour of the plaintiff. 16.[1] The Registry is directed to release the aforesaid amount in favour of the plaintiff.
17. Needless to state the defendant no.1 shall have the right to recover the aforesaid amount from defendant no.2.
18. Accordingly, both the applications are disposed of. I.A. 47765/2024 (u/O-I R-10 (2) CPC)
19. This application has been filed by defendant no.1 seeking deletion of name of defendant no.1 from array of defendants.
20. In view of the order passed above, counsel for the plaintiff submits that he has no objection if defendant no.1 is deleted from array of parties.
21. It is ordered accordingly.
22. The application is disposed of.
23. Amended memo of parties be filed within one (1) week from today.
24. None appears on behalf of the defendant no.2.
25. To be noted, none has appeared on behalf of the defendant no.2 on 21st May, 2025.
26. Hence, the suit shall proceed ex parte against defendant no.2.
27. List before the Joint Registrar on 13th November, 2025. AMIT BANSAL, J SEPTEMBER 16, 2025