Authority: Supreme Court of India

Order Date: 18-08-2026

Case Overview

  • Petitioners: M/S Himangni Enterprises (defendant in 28 suits); Respondents: legal representatives of the deceased Kamaljeet Singh Ahluwalia (original plaintiff).
  • The matters arise from 28 separate suits filed before Additional District Judge‑07, South East District, Saket Courts, New Delhi, concerning lease agreements where the respondents leased 28 properties to the petitioner, who sub‑leased them to a third party that vacated before the sub‑lease term ended.
  • The petitioner failed to return the premises and defaulted on lease rent, prompting the respondents to seek eviction, consequential possession, recovery of arrears, and permanent injunction.
  • The trial court, on 30‑05‑2020, issued an order under Order XXXIX Rule 10 of the Code of Civil Procedure directing the petitioner to deposit arrears. This order was affirmed by First Appellate Orders in all 28 First Appeals (SLP (C) Nos.1052‑1076 of 2022).
  • The petitioner attempted to amend the Written Statement (filed on 20‑10‑2015) to incorporate a Memorandum of Understanding dated 12‑10‑2015 executed between the original plaintiff and his wife in favour of the petitioner’s partners. The amendment was declined by the trial court, affirmed by the High Court, and is challenged in SLP (C) No.7134 of 2022.
  • SLP (C) No.404 of 2022 challenges the High Court’s refusal to consolidate the 28 district‑court suits with a related suit pending in the High Court (C.S.(Comm) No.1218 of 2018).
  • The Supreme Court noted that the claims in the two sets of suits are distinct with no overlapping issues, but opined that a single court should hear them for procedural efficiency.

Final Outcome

1. Transfer: All 28 suits titled “Sh. Kamaljeet Singh Ahluwalia (deceased) v. M/S Himangni Enterprises” are transferred to the Delhi High Court to be heard together with C.S.(Comm) No.1218 of 2018 (“Rajesh Arora & Ors. v. Kamaljeet Singh Ahluwalia & Ors.”).

2. Evidence: Evidence in each suit remains exclusive; it cannot be imported into the other suit. Arguments may be addressed jointly, but two separate judgments will be delivered.

3. Deposit of Arrears: The petitioner must deposit the full amount of arrears, as ordered under Order XXXIX Rule 10, with the Registry of the Delhi High Court within eight weeks from the date of this order. The deposited amount shall be kept in an interest‑bearing fixed deposit in a Nationalized Bank and will be disbursed only after the disposal of the suits.

4. Record Transmission: The Additional District Judge‑07, South East District, Saket Courts, New Delhi, is directed to transmit the records of the 28 suits to the Delhi High Court expeditiously.

5. Pending Applications: Any pending applications, if any, are deemed disposed of.

Topics: Court Transfer, Lease Dispute, Deposit of Arrears