Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6 Civ Suit 12/23
BENU SAGGAR Vs. DALJEET KAUR
03.08.2024
Present: Ld. Counsel for the plaintiff.
Ld. Counsel for the defendant along with defendant.
Today Counsel for the plaintiff has appeared before the court and he has
filed two judgments titled as “(I) Santlal Jain vs. Avtar Singh, decided on 12.03.1985 by
the Hon’ble Supreme Court of India and (ii) Joseph Severance and Ors. vs. Benny
Mathew and Ors., decided on 23.09.2005 by the Hon’ble Supreme Court of India” in
support of his submissions that after execution of the Sale Deed registered on
16.10.2020 by the defendant in favour of the plaintiff, the defendant was kept in pos-
session of the suit property only as a Licensee and thereafter, the License of the de-
fendant staying in the suit property was terminated by the plaintiff vide legal notice
dated 02.09.2022 issued on behalf of the plaintiff to the defendant.
Accordingly, in view of the said judgments as well as circumstances of the
present case, the present suit seems to be maintainable in its present form.
WS has already been filed on behalf of the defendant in the present case.
Accordingly, plaintiff is directed to file replication positively by the NDOH
with an advance copy of the same to Ld. Counsel for the defendant at least one week
before the NDOH.
Now put up for filing of the replication/further proceedings on the NDOH
i.e, 21.09.2024.
(Fahad Uddin)
ASCJ-cum-JSCC-cum-Guardian Judge
East, KKD Courts, Delhi/03.08.2024
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