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2011 Supreme(Del) 1006

MANMOHAN SINGH
Madhu Sehgal – Appellant
Versus
Rajesh Sharma – Respondent


Advocates Appeared:
Mr. Kirti Uppal, Sr. Adv. with Mr. Pradeep Chandel, Advocate for the Plaintiff.
Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Nitin Sangra, Advocate for the Defendant.

Manmohan Singh, J.

1. By this order, I shall dispose of the two applications filed by the plaintiff, bearing I.A. No. 6403/2011 (under Order XII, Rule 6 read with Section 151 CPC) and I.A. No. 16440/2011 (under Order XVA read with Section 151 CPC).

2. The brief facts are that the plaintiff has filed the present suit for possession in respect of the premises bearing No. 119-C, Lane No. 3, Anupam Garden, Sainik Farm, New Delhi-110068, recovery of arrears of rent and for grant of permanent injunction restraining the defendant from alienating, disposing, parting with possession or creating any third party rights in respect of the suit property till the final disposal of the suit.

3. It is stated by the plaintiff that in the month of February 2009, the plaintiff had let out the suit property to the defendant for residential purposes for eleven months with effect from 07.02.2009 for a monthly rent of Rs. 1,75,000/- . The defendant deposited a security of Rs. 3,50,000/- and paid the rent for the month of February and March and requested the plaintiff to adjust the security deposit of Rs. 3,50,000/- towards the rent for the month of April and May. Thereafter, he issued two cheques towards the

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