OMKAR Vs. CHANDER PAL

JUDGEMENT

(1.) This appeal is filed by the appellant, who is aggrieved of an order dated 29.09.2009 passed by the Civil Judge, Delhi in Suit No. 38/2004, whereby the learned Civil Judge has dismissed the application filed by the appellant under Order XXXIX Rule 10 CPC.

(2.) The appellant has filed a civil suit against the respondents/defendants for their ejectment from the suit property and for recovery of possession and recovery of arrears of the rent as well as the recovery of mesne profit and damages with pendent elite interest @18% per annum till its realization.

(3.) According to the appellant, the respondents were unauthorized occupants in the suit property even though they were inducted as tenants by virtue of rent deed executed by the parties. It is also contended by the appellant that the defendants/respondents were not paying the rent as well damages to the plaintiff/appellant and that the defendants/respondents be directed to deposit a sum of ` 3,630/- per month as occupation charges and mesne profits during the pendency of the suit. It is also contended that the plaintiff/appellant has a prima facie case, balance of convenience and that irreparable loss would be caused to him if the application is not allowed and that the irreparable loss would be caused to him if the application under Order XXXIX Rule 10 CPC is not allowed.