Order 3

Order Details: COPY OF ORDER
Pdf Text: 32 CS DJ 231/24
Kailash Chand Malpani Through Spa Ashutosh Malpani
Vs.
Shivam Nayyar
09.10.2024
Present : Sh. Ravinder Malik, Ld. Counsel for the plaintiff along with
SPA Holder of the plaintiff.
Sh. Jalaj Sharma, Ld. Counsel for the defendant.
On the last date i.e. 22.05.2024, the defendant had been
directed to file the WS within 30 days. However, WS along with
documents filed on 21.09.2024 along with an application for
condonation of delay. It is submitted by Ld. counsel for the defendant
that the same was e-filed on 05.08.2024. Copy already supplied.
There is a delay of 44 days in filing of the WS. It is
submitted that the defendant was unwell. However, no medical
documents are placed on record. In the interest of justice, the WS is
taken on record subject to cost of Rs.2,000/-. Cost be paid by the next
date.
Matter was also listed for arguments on application under
Order 39 Rule 1 & 2 CPC. Ld. counsel for the plaintiff submits that the
plaintiff is a landlord and the defendant is his tenant. Hence, the
application may be allowed. The landlord-tenant relationship is not
disputed by the defendant. Hence, allowed. The defendant is restrained
from creating any third party interest in respect of ownership and
-- 1 of 3 --
(2)
possession in respect of the suit property till the disposal of the suit or
further orders. Application disposed off accordingly.
Ld. counsel for the plaintiff submits that he does not wish to
file any replication. Further, there are no documents for admission/
denial.
Pleadings of the parties are completed. Admission/denial of
documents not pressed.
From the pleadings, following issues are framed:-
1. Whether the present suit is not maintainable in view of
section 8 of Arbitration and Conciliation Act? OPD.
2. Whether the plaintiff is entitled to the decree of possession as
prayed for ? OPP.
3. Whether the plaintiff is entitled to the decree of recovery of
arrears of rent? OPP
4. Whether the plaintiff is entitled to the decree of recovery of
pendente lite and future damages? OPP.
5. Whether the plaintiff is entitled to the decree of permanent
injunction as prayed for? OPP.
6. Relief.
No other issue arises or pressed for.
Issue no.1 is being treated as preliminary issue.
-- 2 of 3 --
(3)
On request, the defendant is directed to pay the admitted
rate of rent from the date of order.
Put up for arguments on preliminary issue on 06.02.2025.
(RUCHIKA SINGLA)
DJ-03 (N/W)
Rohini Courts :Delhi/09.10.2024
-- 3 of 3 --