Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS No. 195/24
Queenie Sharma Vs. P K Vats And Associates & Anr.
31.07.2024
Present: Mr. Vishal Gohri, Ld. Counsel for the plaintiff.
Mr. Karan Sharma, Ld. Counsel for the defendants.
Ld. Counsel for the defendants submits that copy of
the deficient documents have been supplied to him only on
25.07.2024 and therefore, he has not been able to file written
statement.
Ld. Counsel for the plaintiff submits that copy of
the deficient documents were supplied to the defendants on
30.05.2024.
Per contra, Ld. Counsel for the defendants submits
that the documents have been supplied to the defendants on
30.05.2024 and to him only on 25.07.2024. He requests for time
for filing written statement.
An application under Section 15 A of CPC for
directions to the defendants to deposit arrears of rent and to pay
future rent at the rate of Rs. 2 lakhs per month is pending for
consideration.
Ld. Counsel for the plaintiff states that the rent
agreement was with defendant no. 2 only.
On asking by the court, Ld. Counsel for the
defendants admits that the premises in question is occupied by
defendant no. 2 in the capacity of a tenant and the monthly rate
of rent is Rs. 2 lakhs which has not been paid since 01.05.2023.
Ld. Counsel for the plaintiff admits that the rent has
not been paid since 01.05.2023.
Contd...2/-
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Ld. Counsel for the defendants submits that rent has
not been paid since 01.05.2023 since there was no clarity on
whom the rent is to be paid. He states that Smt. Usha Malhotra
was the owner and landlady and she has died. He submits that
after the demise, the defendants are not aware to whom they have
to pay rent.
At this stage, Ld. Counsel for the plaintiff submits
that rent for January and February 2022 has also not been paid.
This contention is denied by Ld. Counsel for the defendants.
Arguments are heard and the record is perused.
Since it is in dispute as to whether the rent for
January and February 2022 has been paid, the court cannot at this
stage direct the defendants to pay rent for these two months.
However, it is not in dispute that the defendant no. 2
is in possession of the property in the capacity of a tenant and
that he has not paid rent at the rate of Rs. 2 lakhs per month w.e.f.
01.05.2023. Therefore, direction can be given to the defendant
no. 2 to pay rent at this rate and for this period onwards.
Plaintiff is the daughter of the earlier owner and
landlady. No other person has come forward to claim rent. Even
if there is an inter se dispute later on between the legal heirs of
Smt. Usha Malhotra, it is a matter between the legal heirs and it
does not absolve defendant no. 2 from paying rent.
In view of the above observations, it is directed that
the defendant no. 2 shall pay rent w.e.f. 01.05.2023 till
31.08.2024 at the rate of Rs. 2 lakhs per month to the plaintiff
within 15 days from today.
The defendant no. 2 is further directed to continue
Contd...3/-
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paying rent for the period starting on 01.09.2024 at the rate of Rs.
2 lakhs per month to the plaintiff not later than the seventh day of
each succeeding month.
Ld. Counsel for the plaintiff submits that he will e-
mail and WhatsApp the bank account details of the plaintiff to
the Ld. Counsel for the defendants today itself.
It is directed that the defendant no. 2 will pay the
rent to the plaintiff directly in the bank account of the plaintiff of
which details will be provided to Ld. Counsel for the defendants.
Let written statement be filed within 30 from
25.07.2024, after supplying advance copy to Ld. Counsel for the
plaintiff.
Let replication be filed within 30 days of receiving
copy of the written statement, after supplying advance copy to
Ld. Counsel for the defendants.
Let affidavits of admission and denial of documents
and proposed issues be filed by the parties by the next date of
hearing after supplying advance copy to the opposite party at
least 15 days prior to the next date of hearing.
To come up for framing of issues on 14.10.2024.
(Shirish Aggarwal)
District Judge-03
Patiala House Courts, New Delhi
31.07.2024
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