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DELHI HIGH COURT
JAYANT NATH
Uma Hada – Appellant
Versus
Sunil Gupta – Respondent


JUDGMENT

Jayant Nath, J.(Judgment)

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,

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