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Delhi High Court - Orders

Arun Sud vs Dr(Mrs) Abha Sood & Ors on 8 December, 2022

Author: Chandra Dhari Singh

Bench: Chandra Dhari Singh

                 $~29
                 *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                 +        CS(OS) 2682/2012
                          ARUN SUD                                                 ..... Plaintiff
                                             Through:      Mr. Rakesh Kumar and Mr. Aditya
                                                           Nayyar, Advocates

                                             versus

                          DR(MRS) ABHA SOOD & ORS                                ..... Defendants
                                             Through:      Mr. Ajay Dabas, Advocate for D-1
                                                           and 3 (Through VC)

                          CORAM:
                          HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                             ORDER
                 %                           08.12.2022
                 I.A. 20741/2022

1. By way of this application under Section 151 of the Code of Civil Procedure, 1908, the applicant/plaintiff seeks the following reliefs:-

"(a) Allow the present application to direct the Respondent No. 1 to file the up to date lease /rent agreement with respect to the suit property bearing House No. D-55, Anand Niketan, New Delhi-110021 before the Hon'ble Court.
AND/OR
(b) To direct the Respondent No. 1 to deposit the lease rent amount before the Hon'ble Court till the pendency of the present suit.
AND/OR
c) To direct the Respondent No. 1 to also pay the lease rent of the Suit property that they have in their possession equivalent to its market value and apprise the Hon'ble Court to the status of the suit property at Village Dehra, Himachal Pradesh..."
Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:09.12.2022 19:33:07

2. Learned counsel appearing on behalf of plaintiff submitted that a direction was given by this Court to defendant no. 1 to file statement of account of the rent received in respect of the suit property on an affidavit. However, defendant no. 1 has partially complied with the order and submitted lease deed until 2019, but, has not submitted any lease deed after that date.

3. Learned counsel for defendants no. 1 and 3 appears on advance notice and prays for some time to file reply/objection. Let the same be filed within two weeks.

4. On taking steps within a week, issue notice to defendant no. 2 through all permissible modes, returnable on 6th February, 2023 i.e. date already fixed.

CS(OS) 2682/2012 List on 6th February, 2023 i.e. date already fixed.

CHANDRA DHARI SINGH, J DECEMBER 8, 2022 Dy/mg Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:09.12.2022 19:33:07