MADHU SEHGAL Vs. RAJESH SHARMA

JUDGEMENT

(1.) By this order, I shall dispose of the two applications filed by the plaintiff, bearing I.A. No.6403/2011 (under Order XII, Rule 6 read with Section 151 CPC) and I.A. No.16440/2011 (under Order XVA read with Section 151 CPC).

(2.) The brief facts are that the plaintiff has filed the present suit for possession in respect of the premises bearing No.119-C, Lane No.3, Anupam Garden, Sainik Farm, New Delhi-110068, recovery of arrears of rent and for grant of permanent injunction restraining the defendant from alienating, disposing, parting with possession or creating any third party rights in respect of the suit property till the final disposal of the suit.

(3.) It is stated by the plaintiff that in the month of February 2009, the plaintiff had let out the suit property to the defendant for residential purposes for eleven months with effect from 07.02.2009 for a monthly rent of Rs. 1,75,000/- . The defendant deposited a security of Rs. 3,50,000/- and paid the rent for the month of February and March and requested the plaintiff to adjust the security deposit of Rs. 3,50,000/- towards the rent for the month of April and May. Thereafter, he issued two cheques towards the rent for the month of June and July, but both these cheques were dishonored due to insufficiency of funds. Thereafter, the defendant not only promised to pay the monthly rent but also offered to vacate the suit property. But the defendant has consistently failed to honour his promises and undertakings. A sum of Rs. 12,25,000/- is due from the defendant as rent for the period from June 2009 to December 2009 as mentioned in the application which was filed along with plaint.