Harvinder Singh Batra & Anr. Vs Indian Oil Corporation Ltd. & Anr. — Delhi HC (2026) — LawSathi Research

Harvinder Singh Batra & Anr. Vs Indian Oil Corporation Ltd. & Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted on the prayers; liberty given to the petitioners to file a civil suit; petition and all pending applications disposed of.

Issue for consideration

Whether the writ petition seeking release of arrears of rent/occupation charges, execution and registration of a fresh lease deed, a declaration of estoppel under Section 116 of the Indian Evidence Act, 1872 (now Section 122 of the Bharatiya Sakshya Adhiniyam, 2023), and quashing of the respondents' communications dated 29.11.2023 and 28.02.2025 is maintainable, in view of the respondents' counter-affidavit asserting serious disputed questions of fact regarding title, acquisition and possession of the suit property. +1 more

Court's answer

Liberty was granted to the petitioners to file a civil suit.

Ratio / Principle

The Court was not inclined to entertain the instant writ petition and declined to undertake an enquiry with respect to the ownership of the property or the disputed questions of fact which have emerged.

Detailed headnote1 paragraphs

Delhi High Court disposed of W.P.(C) 17700/2025 & CM APPL. 73121/2025 (Harvinder Singh Batra & Anr. v. Indian Oil Corporation Ltd & Anr.), decided on 14.01.2026 by Justice Purushaindra Kumar Kaurav. The petition sought (i) arrears of rent/occupation charges for Municipal No. CB-202, Naraina (12,000 sq. ft) from 15.02.2021 with interest, (ii) execution and registration of a fresh lease deed reflecting the draft circulated by the respondents on 28.11.2022 in continuation of the lease that expired on 15.02.2021, (iii) a declaration that the respondents are estopped from disputing the petitioners' title under Section 116 of the Indian Evidence Act, 1872 (now Section 122 of the Bharatiya Sakshya Adhiniyam, 2023), and (iv) quashing of the respondents' communications dated 29.11.2023 and 28.02.2025 disputing title and refusing rent/occupation charges. The respondents' counter-affidavit asserted that the petition is not maintainable owing to serious disputed questions of fact regarding title, acquisition and possession; per the respondents, the 1969 lease expired in 2012, a fresh lease was agreed, and its registration failed as the Sub-Registrar objected to unclear ownership of khasra nos. 992/2, 993, 2056/994, etc. Declining to entertain the writ petition or enquire into the ownership/disputed facts, the Court granted liberty to file a civil suit; the petition and all pending applications stand disposed of.

$~11

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 17700/2025 & CM APPL. 73121/2025

HARVINDER SINGH BATRA & ANR. .....Petitioners

Through: Mr. Rana S. Biswas, Mr. Yash Tripathi & Mr. Kartik Chettiar, Advocates.

versus

INDIAN OIL CORPORATION LTD & ANR. .....Respondents Through: Mr. Divye Chugh, Ms. Priya Wadhwa, Mr. Rachit Raushan, Mr. Angel Bharadwaj & Ms. Hazel Bharadwaj, Advocates.

CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 14.01.2026

The petition is for the following relief:

“a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to forthwith release to the Petitioners the arrears of rent/occupation charges as per mutual agreement for the property bearing Municipal No. CB-202, Naraina admeasuring 12,000 sq. fts, situated at Village Naraina, Ring Road, New Delhi with effect from 15.02.2021 till date, along with interest at such rate as this Hon’ble Court deems fit and proper;

b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to execute and register the fresh lease deed in respect of the aforesaid premises with the Petitioners for the agreed tenure and on the agreed terms and conditions, reflected in the draft lease deed circulated by the Respondents dated 28.11.2022 in continuation of the lease that expired on 15.02.2021;

c) Declare that the Respondents are estopped from denying or

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/01/2026 at 13:35:23

disputing the Petitioners’ title to the premises under Section 116 of the Indian Evidence Act, 1872 (now Section 122 of the Bharatiya Sakshya Adhiniyam, 2023) and are under a continuing obligation to pay rent/occupation charges so long as they remain in possession;

d) Quash and set aside the impugned communications dated 29.11.2023 and 28.02.2025 issued by the Respondents purporting to dispute the Petitioners’ title and refusing payment of rent/occupation charges.”

The grievance of the petitioners seems to be of non-payment of the rent. Though learned counsel appearing for the petitioners, tries to emphasize that there is no dispute with respect to tenancy and ownership of the petitioners. However, by way of counter-affidavit filed by the respondents it has been unequivocally stated that the petition is not maintainable as it involves serious disputed question of fact regarding title, acquisition and possession of the suit property.

According to the respondents, the lease of 1969, expired in 2012. The parties agreed to a fresh lease. Stamp paper and demand draft were prepared but registration could not take place because the Sub-Registrar objected to unclear ownership of khasra no 992/2, 993, 2056/994., etc.

Under the aforesaid circumstances, the Court is not inclined to entertain the instant writ petition and to undertake the enquiry with respect to the ownership or the disputed question of facts which have emerged.

Under these circumstances, the liberty is granted to file the civil suit. 6. Accordingly, the petition stands disposed of. All pending application shall also stand disposed of.

PURUSHAINDRA KUMAR KAURAV, J

JANUARY 14, 2026 tr/ap

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/01/2026 at 13:35:23