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2021 Supreme(Del) 313

JAYANT NATH
Uma Hada – Appellant
Versus
Sunil Gupta – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Mr. Muneesh Malhotra, Ms. Manpreet Kaur, Mr. Aaditya Malhotra.
For the Defendants : Mr. Neeraj Malhotra, Mr. Navlendu Kumar.

JUDGMENT :

JAYANT NATH, J.

I.A. Nos. 1490/2021 (under Order XII Rule 6)

1. This is an application filed by the plaintiff under Order 12 Rule 6 CPC seeking a decree as follows:-

    “(1) Pass a decree for possession of the property bearing no. W-6/19, Situated at Western Avenue, Sainik Farms, New Delhi-110062 to the Plaintiff; as prayed in the present suit.

(2) Direct the Defendant to pay arrears in rent, as prayed.”

2. The prayer in the suit reads as follows:-

    “(i) Pass Decree for delivery of possession of the property bearing W-6/19, situated at Western Avenue, Sainik Farms, New Delhi-110062 to the Plaintiff.

(ii) Pass Decree in favour of the Plaintiff and against the Defendant for Damages/Mesne Profits calculated at Rs. 12,000/- per day along with interest at the rate of 18% per annum from the date of proceeding of initialization of the suit & till the date of disposal/handing over of the vacant possession by the defendant.

(iii) Direct the Defendant to pay the arrear of rent @ Rs. 14,10,000/- to the Plaintiff along with 18% interest and deposit as claimed in Para 9 of the present suit.

(iv) Pass a Decree of Permanent Injunction restraining the Defendant, his legal heirs, successors, assignees

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