Shri Harish Dhingra vs Ms. Rosy Arora
2014 Latest Caselaw 983 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                 FAO No. 386/2013
%                                  21st February, 2014
SHRI HARISH DHINGRA                      ......Appellant
                  Through: Mr. P.P.Ahuja, Adv.


                          VERSUS

MS. ROSY ARORA                                      ...... Respondent
                          Through:       Mr. J.K.Sharma and Mr. Ajit Singh
                                         Arora, Advocates.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.    This first appeal is filed under Order 43 CPC against the order of the

trial court dated 19.8.2013 by which an application under Order 39 Rule 10

CPC filed by the appellant/plaintiff/landlord was dismissed.


2.    It is settled law that an order under Order 39 Rule 10 CPC directing

payment of rent can only be passed if there exists ingredients of Order 12

Rule 6 CPC and that there have to be admissions with respect to the rate of

rent. Of course, in a particular case, even if there is no express admission,

implied admissions in the form of admitted rent agreement or rent receipts

can be looked into.
FAO 386/2013                                                                 Page 1 of 2
 3.    In the present case, no rent agreement exists. No rent receipts also

exist. The payment which is relied upon is made by cheques and the same is

also of a lumpsum amount on certain occasions. In any case, what is the rate

of rent i.e Rs.11,000/- as pleaded by the appellant-plaintiff or Rs. 3000/- as

pleaded by the respondent is a disputed question of fact which requires trial.

Once there is a dispute question of fact which requires trial, jurisdiction

under Order 39 Rule 10 CPC cannot be invoked.


4.    In view of the above, I do not find any illegality in the impugned

order dated 19.8.2013 and the appeal is therefore dismissed, leaving the

parties to bear their own costs.



FEBRUARY 21, 2014                            VALMIKI J. MEHTA, J.

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