UNREPORTABLE
* IN THE HIGH COURT OF DELHI AT NEW DELHI
FAO No. 47/2008 and CM No. 1716/2008
Date of Decision: April 30, 2010
PEARL ELECTRICAL WIRES P LTD........... Appellants
through Mr. S C Singhal, Advocate
with Mr. S R Sharma, Advocate
versus
J L NARULA ..... Respondents
through Mr. G D Gandhi, Advocate
CORAM:.
HON'BLE MISS JUSTICE REKHA SHARMA
1. Whether the reporters of local papers may be allowed to see the
judgment? No
2. To be referred to the reporter or not? No
3. Whether the judgment should be reported in the 'Digest'? No
REKHA SHARMA, J. (ORAL)
This appeal has been preferred against the order of Additional District Judge Shri T S Kashyap dated November 15, 2007 dismissing the application of the appellant herein under Order 39 Rule 10 of the Code of Civil Procedure wherein the appellant had sought a direction to the respondent to pay the admitted rent to it.
It is submitted by learned counsel for the respondent that the respondent has been paying the admitted rent of Rs. 3,000/- per month to the one Munish Chander who according to the respondent is the owner of the suit property. On the other hand, it is submitted by FAO No.47/2008 Page 2 the learned counsel for the appellant that the property in question has been sold to the appellant and in view thereof, it is the appellant who is entitled to receive the rent.
The learned Additional District Judge in the impugned order has observed that the appellant has yet to establish that he has purchased the suit property from the respondent and in so far as the respondent is concerned, the learned Judge has said that he has not placed on record any receipt to show that he has been paying rent to Munish Chander.
Without going into the merits of the submission made before me and also without in any way commenting on the observations made by learned Additional District Judge, I hereby direct the respondent to deposit the admitted rent of Rs. 3,000/- per month in the trial court with effect from May 1, 2009. The respondent is further directed to continue to deposit the rent by the 7th day of every month, till the disposal of the suit.
With this direction, the appeal is disposed of.
. REKHA SHARMA, J. APRIL 30, 2010 PC FAO No.47/2008 Page 2