2024 Supreme(Online)(DEL) 19214
HIGH COURT OF DELHI
Dinesh Kumar Sharma, J
PARMINDER KAUR & ANR. – Appellant
Versus
WINSOFT EDUCARE FOUNDATION – Respondent
CS(COMM) 523/2024
NAGINDER BIR SINGH BENIPAL
The court affirmed the plaintiff's right to recover possession and arrears of rent, emphasizing compliance with lease terms and timely responses to legal processes.
Headnote:(A) Code of Civil Procedure, 1908 - Order XXXIX Rule 10 - Recovery of possession, arrears of rent, and permanent injunction sought by the Plaintiff against the Defendant regarding immovable property - Plaintiff entitled to possession and recovery of arrears amounting to Rs. 51,61,320/- with interest at 18% per annum - Directions issued for deposit of mandated rent and liquidated damages as per Lease Agreement. (Paras 1-3)
(B) Suit registration and summons - Suit registered and summons issued to the Defendant, requiring a written statement within thirty days - Failure to comply may result in costs against the concerned party. (Paras 4-5)
(C) Document inspection and additional documents - Parties allowed to seek inspection of documents and file additional documents as per rules. (Paras 6-7)
Facts of the case:
The Plaintiff filed a suit for recovery of possession, arrears of rent, and permanent injunction concerning a property in East Patel Nagar, New Delhi, with specific monetary claims and directions against the Defendant.
Findings of Court:
The Court allowed the Plaintiff's application for possession and recovery of arrears, directing the Defendant to comply with the Lease Agreement terms.
Issues: The main issues included the recovery of possession, arrears of rent, and the issuance of injunction against the Defendant.
Ratio Decidendi: The Court emphasized the necessity of compliance with the Lease Agreement and the importance of timely responses to summons and document requests.
Result: Suit registered; summons issued; directions given for compliance.
I.A. 31686/2024 (exemption) Exemption is allowed subject to all just exceptions.
Application stands disposed of.
CS(COMM) 523/2024 Present suit has been filed for recovery of possession, arrears of rent/damages and permanent injunction with the following prayers:
- A. To pass a Decree of POSSESION in favour of the Plaintiff and against the Defendant, thereby directing the Defendant to hand over the actual and vacant physical possession to the Plaintiff of the immovable property, i.e., Property No. E- 2/14, East Patel Nagar, New Delhi-110008;
- B. To pass a Decree of RECOVERY of Arrears of Rent amounting to Rs. 51,61,320/- alongwith pendente lite and future interest @ 18% per annum thereon, against the Defendant and to further pass a Decree for Recovery of Damages/ User charges at the rate of four times the monthly rent w.e.f. from March, 2024 alongwith interest @18% p.a. till the actual vacant physical possession is handed over to the Plaintiff;
- C. To pass a Decree of PERMANENT INJUNCTION in favour of the Plaintiff's and against the Defendant, its Directors, employees, Agents, Attorneys, executors, nominees, authorised representatives or anybody acting on its behalf, thereby restraining them from creating any third party interest, transferring, parting with possession or encumbering in any manner the Suit property bearing Property No. E-2/14, East Patel Nagar, New Delhi-110008, in the light of detailed facts and circumstances narrated hereinabove.
- D. Issue necessary and specific directions to the Defendant to deposit the mandated rent amount of the lock in period in accordance with the executed Lease Agreement.
- E. To award the costs of the suit throughout in favour of the Plaintiff and against the Defendant;
- F. Issue necessary and specific directions to the Defendant to deposit liquidated damages for a period of three months amounting to Rs. 1,74,96,000/- in accordance with the executed Lease Agreement and G. Any other order which this Hon'ble Court may deem fit and proper.
- Let the plaint be registered as suit.
- Summons be issued to the defendant by all permissible modes, which shall indicate that the written statement must be filed within thirty days from the date of receipt of the summons.
- The defendant is directed to file affidavit of admission/denial against the documents filed by the plaintiff, failing which the written statement shall not be taken on record.
- The plaintiff is at liberty to file replication thereto within fifteen days of filing of the written statement, which shall be accompanied by affidavits of admission/denial, in respect of the documents filed by the defendant, failing which the replication shall not be taken on record.
- It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
- Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
- List before the Roster Bench on 04.07.2024. I.A. 31683/2024 (directions) Present application has been filed by the plaintiff filed under Order XXXIX Rule 10 CPC seeking directions to the respondent to deposit arrears of rent.
- Issue notice to the defendant through all permissible modes, returnable for 04.07.2024 before the Roster Bench. I.A. 31684/2024 (u/O XI R-12 AND R-14 CPC r/w Chapter IV Rule 1 (F) of the Delhi High Court (Original Side) Rules Present application has been filed by the petitioner seeking production and discovery of documents Issue notice to the defendant through all permissible modes, returnable for 04.07.2024 before the Roster Bench. I.A. 31685/2024 (addl. documents) Present application has been filed on behalf of the plaintiffs under order XI Rule 1(4) of CPC read with section 151 of CPC seeking leave to file the additional documents at a later stage.
- Exemption is granted.
- The application stands disposed of.