Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 11
Civ Suit 314/24
BISHWAMBHRI DEVI ( SENIOR CITIZEN) Vs. Ritu Sharma
16.10.2024
Present: LRs of plaintiff with Ld. Counsel Sh. Sagar Dhama.
Sh. Rajipal S. Bhadana, Ld. LAC for the defendant.
WS filed on behalf of defendant is already on
record. Copy already supplied.
Ld. Counsel for the plaintiff submits that he does not
wish to file any replication.
Pleadings are complete.
From the pleadings of the parties and the material
on record, the following issues are framed in the present suit:-
1. Whether the plaintiff is entitled to decree of arrears
of rent, if yes, at what rate and for what period ? OPP
2. Relief.
Ld. LAC for the defendant has argued that the LRs
of the plaintiff / plaintiff are not the owners of the suit property
and defendant has challenged the ownership of the LRs in the
WS, however, perusal of the record shows that the submission is
frivolous and in view of the fact that the defendant has already
admitted that she is a tenant in the suit property and the landlord
of the suit property was the deceased plaintiff, the submission of
Ld. LAC for the defendant is not sustainable.
Since vide statement dt. 03.09.2024, defendant has
already admitted that she is a tenant in the suit property of which
landlord was the deceased plaintiff, issue regarding recovery of
possession from the defendant / tenant stands settled.
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No other issue arises or pressed for.
An application u/O 39 Rule 10 CPC has been filed
on behalf of plaintiff. Same is taken on record. Copy supplied.
Reply, if any, be filed on or before the NDOH with
advance copy to opposite side atleast one week prior to NDOH.
Matter is now fixed for PE and for filing arguments
on application u/O 39 Rule 10 CPC on 20.11.2024.
Plaintiff is directed to file list of witnesses and their
evidence by way of affidavit and supply advance copy thereof to
the opposite counsel atleast one week before the next date.
RINKU JAIN
ACJ-cum-ARC-cum-CCJ
North-East/Karkardooma Courts,
Delhi/16.10.2024
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