Summary: Radhey Shayam Chouhan, a tenant, lost his attempt to stay in a property in Chandni Chowk. The court confirmed an earlier decision for eviction, siding with Geeta Devi and other property owners.
The case is about a property called “Rath Khana” located at Cycle Market, Esplanade Road, Chandni Chowk, Delhi. This property was part of a family estate shared by 27 co-owners, with Geeta Devi and others in charge of managing it. They wanted the tenant, Radhey Shayam Chouhan, to leave so they could start a retail business there.
On December 20, 1982, a court had already divided the property among the co-owners. The landlords claimed they needed the space for a flower shop related to temple services, and there was no other suitable place for this business.
Radhey Shayam Chouhan argued that the landlords were not the true owners, as they were just caretakers of the temple property. However, his request to defend himself was denied by the Rent Controller on March 6, 2018.
Radhey Shayam Chouhan appealed against the eviction order, citing a 1987 receipt from the Municipal Corporation of Delhi, which described the property as a temple garage. He argued that this proved the landlords didn't own it.
The landlords countered that the property division in 1982 made them rightful owners, and Chouhan's father, a previous tenant, never contested this.
Justice Saurabh Banerjee reviewed the case and decided on December 6, 2025, that Radhey Shayam Chouhan's appeal lacked merit. The court emphasized that the earlier property division was final and binding. The court noted:
“The subsequent decree... automatically superseded the earlier decree...”
Since Chouhan’s father didn’t challenge the original division, the court ruled that Chouhan couldn’t dispute it now.
The court dismissed Radhey Shayam Chouhan's appeal, supporting the eviction order. Chouhan was given six months to vacate, which had already expired. Now, he must leave the premises to allow the landlords to use their property as planned.
