Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 11 CS SCJ 1992/25
Mazharuddin Vs. Sabiha
The court is being conducted physically as well as virtually.
01.11.2025
Note: All counsels appearing through VC are requested to ensure that
their video is on when their matter is taken up. Their appearance will
not be noted otherwise. They are also requested to appear in proper
court attire from an appropriate place having no background noise.
Present: Plaintiff in person with counsel Shri Habib Ahmed.
Plaintiff has filed the present suit alleging to be the
owner of the suit property. It is the case of the plaintiff that he had
leased out the suit property to the defendant via rent agreement dated
23.11.2022 for a monthly rent of Rs.500/-. That despite termination
of tenancy, defendant has not vacated the suit property and has
stopped paying rent/occupation charges. Hence the present suit
seeking relief of possession, arrears of rent and damages has been
filed.
Admittedly, the rent of the tenanted premises is Rs.500/-
per month. Therefore, as per Section 50 of DRC Act, the present suit
falls within the jurisidiction of Ld. Rent Controller.
At this stage, it is stated by counsel for plaintiff that in
view of the observations given by this court, plaintiff may be
permitted to withdraw the present suit with liberty to file it afresh
before the court of appropriate jurisdiction.
In view of the aforsaid submission, present suit is hereby
disposed off as withdrawn with liberty to file it afresh as per law.
Let court fees be refuned to plaintiff as per rules.
File be consigned to Record Room after necessary
compliance.
Copy of order be given dasti.
(SANA KHAN)
Civil Judge-05/Central/THC
01.11.2025
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