Pearl Electrical Wires P Ltd. vs J L Narula
2010 Latest Caselaw 2322 Del

                                                     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