Order 7

Order Details: COPY OF ORDER
Pdf Text: CS No.257/2024
Naresh Kumar Chand Vs. Om Prakash
20.08.2025
Present : Sh. Manoj Sharma, Ld. Counsel for the plaintiff
through VC.
Plaintiff in person.
Sh. Sunil Gandhi, Ld. Counsel for the defendant
through VC.
Affidavit of admission/denial filed on behalf of
plaintiff as well as defendant. Same is taken on record. Copy
exchanged.
Plaintiff present in the Court today has
acknowledged receiving the amount of Rs.1,00,500/- from the
defendant as due rent. However, plaintiff has submitted that total
due rent till date is around Rs.6 lakhs and his share is around
Rs.2 Lakhs, which is not paid. Plaintiff is directed move a formal
application in this regard before the NDOH with advance copy to
the opposite side.
Pleadings are complete.
From the pleadings of the parties, following issues
are settled :
1. Whether the plaintiff is entitled to
recovery of arrears of rent, if so, to what
amount and for what period? OPP.
2. Whether the plaintiff is entitled to decree
for damages/mesne profits, if so, then at
what rate and for which period? OPP.
3. Whether the plaintiff is entitled to a
decree of mandatory injunction, thereby,
directing the defendant to vacate the suit
property ? OPP
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4. Whether the plaintiff is entitled to any
interest on the arrears of rent? OPP
5. Whether the defendant has paid any
amount of Rs.3,00,000/- as security/
advance rent to the plaintiff and his
brother, if so, to what effect? OPD
6. Relief
No other issue arises or being pressed. Parties are
directed to file their respective lists of witnesses within 15 days.
Plaintiff is also directed to supply the advance copy of affidavit
of his evidence or his witnesses, if any to the defendant prior 15
days of the next date of hearing.
At this stage, with consent of parties, let the plaintiff
evidence be recorded by appointment of Local Commissioner.
Sh. Jasman Singh Sethi (advocate) Enrl. No. D/4412-C/2017,
Office at D-17, Lower Ground Floor, Greater Kailash Enclave II,
New Delhi 110048, phone no. 9464777772 is appointed as Local
Commissioner. The initial fee of the Local Commissioner is fixed
as Rs.25,000/-, which is for first two hearing, thereafter,
Rs.8,000/- per sitting shall be fixed. The Local Commissioner
shall record evidence from 04.00 to 06.00 p.m. in the Court room
itself. Ahlmad/Nazir/Reader shall make available himself with
the court file and diet money to Ahlmad/Nazir/Reader for the
said purpose is fixed Rs. 1000/- per sitting. Local Commissioner
shall record evidence. However, in case there is objection
regarding any question then that question shall be recorded
verbatim, objection raised shall be recorded verbatim and
thereafter answer given shall be recorded verbatim. The objection
raised shall be adjudicated by this Court. Parties shall inform
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local commissioner about the dates and recording of evidence.
The fees of the Ld. Local Commissioner shall be borne by the
plaintiff. Local commissioner on the same day shall supply the
copy of the evidence recorded to both the parties. Local
commissioner shall submit typed as well as original version in
the Court. In case any party seek adjournment or recording of
evidence is adjourned then the party at fault shall pay the
expenses of the commission for the said date. Parties are directed
to appear before Local Commissioner on 04.09.2025. The cost of
the stenographer/Typing expenses shall be borne by the plaintiff
side.
Now to come for report of Local commissioner and
further proceedings on 27.11.2025.
(Harvinder Singh Johal)
DJ-02 & Waqf Tribunal
NDD/PHC/ND/20.08.2025
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