A civil court in Kotdwar has ruled that AmarDeep Sharma is the lawful owner of a disputed shop on Malgodam Road and ordered its occupants, Balram Bhatia and Tilakraj Bhatia, to vacate the premises within one month.

Civil Judge (Senior Division) Manoj Kumar Dwivedi directed the 2 defendants to remove their belongings and peacefully hand over possession to Sharma. The period will run from the date on which the judgment was pronounced.

The court also ordered the defendants to bear the litigation costs. If they do not comply with the order, Sharma may obtain possession through the court’s legal process.

Ownership dispute

The dispute over the shop had continued for about 6 years. According to the case details, Sharma had obtained the disputed property on Malgodam Road as freehold land from the District Magistrate, Pauri, in 2012.

Sharma’s case was that he had entrusted Balram Bhatia and Tilakraj Bhatia with responsibility for looking after the shop. He alleged that they later took possession of the premises.

The defendants presented a different claim. They said Sharma had sold the shop to Mahendra Kumar Oberoi on 13 February 1996. They further claimed that Oberoi transferred the property to them through a registered sale deed on 16 March 2012.

The court found that the defendants did not produce a sale deed or other oral or documentary evidence to support their claim. After examining the freehold papers and other records, it recognised Sharma as the valid owner of the property.

At the same time, the court found that the defendants were occupying the shop. The order therefore directs them to surrender possession rather than treating the matter as an ownership dispute still awaiting determination.

Earlier litigation

The property had also been the subject of a case filed in 2017. In that proceeding, the court did not recognise Balram Bhatia and Tilakraj Bhatia as the shop’s owners.

However, they were protected from eviction without following the legal procedure. In the latest case, the court has now passed a mandatory decree in Sharma’s favour and ordered the defendants to vacate the premises.

The decision means the next step is compliance with the one-month deadline. If the occupants do not leave and hand over possession, Sharma can approach the court for execution of the order.

Conclusion

The Kotdwar court has recognised AmarDeep Sharma’s ownership of the Malgodam Road shop and ordered Balram Bhatia and Tilakraj Bhatia to vacate it within one month, with court-assisted enforcement available if they do not comply.

Frequently Asked Questions

Q. Which court issued the order?

The order was issued by the court of Civil Judge (Senior Division) Manoj Kumar Dwivedi in Kotdwar.

Q. Who has been recognised as the shop’s owner?

The court recognised AmarDeep Sharma as the valid owner of the disputed shop.

Q. Who has been ordered to vacate the shop?

Balram Bhatia and Tilakraj Bhatia have been ordered to leave the shop.

Q. How long do the occupants have to leave?

They have one month from the date of the judgment to remove their belongings and hand over possession.

Q. What can happen if they do not comply?

Sharma may seek possession through the court’s legal process.

Q. When did Sharma obtain the property as freehold?

The case details state that Sharma obtained the disputed property as freehold from the District Magistrate, Pauri, in 2012.

Q. Was there an earlier case involving the property?

Yes. A case filed in 2017 also did not recognise the 2 defendants as the shop’s owners, while requiring that any eviction follow legal procedure.