2.4. After gaining experience in the said field, the son of
the petitioner at present is looking after the said business and is
helping/assisting his mother. With the passage of time and
goodwill, the clientage of the petitioner are increasing day by day
and there is rise in the work-load of the petitioner and hence the
petitioner requires her own accommodation to increase/start her
own independent Business. Due to non-availability and lack of
space, the petitioner is not in a position to grow-up her own
business. The products in which the petitioner and her son are
dealing require a good amount of space to be operational and
property in question where the tenanted premises is situated is
RC ARC 55/24 Geeta Jain Vs. Dinesh Kumar Jain Page No. 3 of 17
Digitally
signed by
UPASANA
UPASANA SATIJA
SATIJA Date:
Since 1995 to September 2006, defendant
no.1 has been paying the rent to the previous owner in his name in the rent
receipts. In the month of July 2008, plaintiff issued a legal notice to
defendant no.1 demanding arrears of rent. Previous owner also issued a
notice of demand of rent to defendant no.1 and later on another notice was
also issued for attornment. Plaintiff also issued notice to defendant no.1 but
after execution of the surrender deed, a false and belated reply was issued to
CS No. 18313/16 Sanjeev Jain vs Shankar Lal 2/15
the plaintiff. That with the intervention of the well wishers of the plaintiff
and the defendant no.1, defendant no.1 agreed to settle the dispute regarding
the tenanted premises with the plaintiff and agreed to surrender his tenancy
rights with possession in favour of the plaintiff. Defendant no.1 executed a
surrender deed on 20.06.2011 in favour of the plaintiff. The same was also
registered. Despite agreeing to hand over the vacant possession of the
premises, defendant no.1 did not do so. Plaintiff and defendant no.1 settled
the dispute of rent. After execution of this surrender deed, defendant no.2
and 3 are claiming the tenancy rights and also refused to vacate the tenanted
premises. Cause of action lastly arose on 09.10.2012 when the plaintiff
requested the defendants to hand over peaceful vacant and physical
possession of the premises.
8. We have considered the above arguments advanced by both
parties. The opposite party insurance company has mainly taken objection
of breach of policy condition on the ground that actual driver of the
insured vehicle was not having valid and effective driving licence. It is
also contended that in fact the name of driver was changed by the
complainant. In the FIR it was mentioned that Ishwar was driving the
vehicle whereas later on Yogendra was named as driver of the vehicle just
because Ishwar did not possess a valid and effective driving license.
Learned District Commission while arriving to its conclusion in the
impugned order has relied upon copy of FIR, Exhibit C-5 in which a third
person Kaushal Kumar reported that while the insured vehicle was being
driven by Ishwar, 06-07 naxalites came and stopped the vehicle, asked
Both appeals dismissed. Page 5 of 8
Appeal Nos.: Manish Jain Vs. Branch Manager, National Insurance Co. Ltd. Date of
FA/24/61 & &. Pronouncement:
8. We have considered the above arguments advanced by both
parties. The opposite party insurance company has mainly taken objection
of breach of policy condition on the ground that actual driver of the
insured vehicle was not having valid and effective driving licence. It is
also contended that in fact the name of driver was changed by the
complainant. In the FIR it was mentioned that Ishwar was driving the
vehicle whereas later on Yogendra was named as driver of the vehicle just
because Ishwar did not possess a valid and effective driving license.
Learned District Commission while arriving to its conclusion in the
impugned order has relied upon copy of FIR, Exhibit C-5 in which a third
person Kaushal Kumar reported that while the insured vehicle was being
driven by Ishwar, 06-07 naxalites came and stopped the vehicle, asked
Both appeals dismissed. Page 5 of 8
Appeal Nos.: Manish Jain Vs. Branch Manager, National Insurance Co. Ltd. Date of
FA/24/61 & &. Pronouncement:
12. Now turning to the facts of the present case: Ld. Trial Court
vide impugned order, dismissed the application of revisionist moved
under section 311 Cr.PC seeking recall of complainant/respondent for
cross examination. The impugned order does not terminate the
proceedings. It is clear that impugned order is merely a procedural order
and therefore falls within category of 'interlocutory order', hence the
Crl Rev. No. 541/2025 Ankit Jain Vs. Ram Prakash Page No. 5 of 6
present revision petition is not maintainable and same is liable to be
dismissed in view of bar created by Section 438 of BNSS ( para materia
with Section 397 (2) CrPC) in view of the law laid down in 'Sethuraman'
(Supra).
1. The brief facts of the case are that the plaintiff and defendant have
friendly relation with each other. As per the plaint, defendant on 25.12.2015
requested for friendly loan of Rs. 85,000/- from the plaintiff. Considering the
financial problem of the defendant, the plaintiff paid a sum of Rs. 85,000/- to the
defendant which was to be returned within 4-5 days as assured by the defendant.
In discharge of his liability, the defendant had issued a cheque bearing no.
013372 dated 31.12.2015 amounting to Rs. 85,000/- to the plaintiff, however,
the same was returned with remarks "Funds Insufficient" vide memo dated
01.01.2016. The plaintiff contacted the defendant but the defendant avoided to
pay the said amount on one pretext or the other. The plaintiff sent a legal notice
dated 02.11.2018 but defendant did not pay heed. Hence, the present suit is filed
CS No. 09/2019 Manish Jain v. Akash Sharma Page no. 1 of 4
by the plaintiff seeking recovery of Rs. 85,000/- alongwith interest @ 18% p.a.
till the date of realization.
RAO 2019.05.27
14:41:24
Announced in open Court +0530
on this 27th day of May, 2019
(Savita Rao)
Additional District Judge
District - NE,
Motor Accident Claims Tribunal
Karkardooma Courts, Delhi.
DAR No. 122/19 Page 3 of 3Rohit Sharma Vs. Laxman & Ors.
Considering the facts and circumstances of the case, this Court is of the opinion that no fruitful purpose will be served in keeping this petition pending rather ends of justice can be served by directing the respondent No.2/Nayab Tehsildar, Tehsil- Amethi, District- Amethi to consider and decide the pending proceedings ofCase No. 03859 of 2019 (Rohit Singh v. Sanjay Singh) most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the date a certified copy of this order is placed before the authority concerned, if there is no other legal impediment.