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2026.04.02 15:03:24 +0530 iii. Rs.5,40,000/- towards monthly rent of alternative accommodation @ Rs. 15,000/- for three years; iv. Rs. 2,00,000/- for mental pain and agony caused to plaintiff and her family who were forced to reside in the property under constant fear that it may collapse at any time AND v. restrain defendants 1 & 2 from selling property No. A-670, Shastri Nagar, Delhi-52 till reconstruction of plaintiff's house and payment of consequential damage. Case of the Defendants:
54. It is necessary at this stage to record that earlier suit for mandatory and permanent injunction was disposed as compromised in terms of M.O.U. dated 26.05.2014 whereas second suit seeking compensation for reconstruction of plaintiff's house with consequential damage has been filed alleging that plaintiff's property has got damaged beyond repairs as defendants failed to comply with the terms of M.O.U. dated 26.05.2014 resulting in widening of cracks which became visible from outside and plaintiff's house leaned over and tilted towards their building after rear wall of the house bulged due to pressure on the columns leaving gap between the walls of suit premises and adjacent Jain Mandir bearing No. A-669, Shastri Nagar, Delhi.

68. Finding: Issue No.4 w.r.t. consequential damage Rs.6,48,000/- towards loss of rental income @ Rs. 19,000/- per month is therefore decided against plaintiff in the absence of cogent evidence to establish that tenants indeed left the premises after it became inhabitable.

69. Issue No.5 Whether plaintiff is entitled for a decree of recovery for a sum of Rs.5,40,000/- with regard to alternative accommodation proposed to be obtained by him @ Ra.15,000/- per month as prayed for ? OPP

2026.04.02 15:06:04 +0530 Reply' dated 28.07.2014 referred as Ex. PW2/22 informing defendants about Valuation Report dated 10.07.2014.

71. I have considered their submissions and carefully perused pleadings and documents adduced in evidence.

72. Plaintiff's suit has been filed seeking compensation for reconstruction of house with consequential damage Rs.5,40,000/- towards monthly rent of alternate accommodation @ Rs.15,000/- for a period of 03 years.