MADHU SEHGAL Vs. SHRI RAJESH SHARMA

JUDGEMENT

(1.) BY this order, I shall dispose of the present interim application filed by the plaintiff under Order XXXIX Rule 10 read with section 151 CPC seeking directions for the defendant to pay the admitted amount of arrears of rent of Rs.12,25,000/- to the plaintiff for the period of June 2009 to December 2009 as well as use and occupation charges of the suit premises @ Rs.30,000/- per day, in terms of the lease agreement/rent note with effect from the date of the filing of the present suit.

(2.) THE plaintiff has filed the present suit for possession of 119 C, Lane No.3, Anupam Gardens, Sainik Farms, 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.) THIS Court has perused the pleadings in the matter as well as the documents filed by the plaintiff. It appears from the lease agreement filed by the plaintiff that it was signed by the defendant and in handwriting the name of company was just mentioned, all the cuttings, were only initialed by the defendant. The alleged lease deed also contained the stamp of company M/s. Ramji Dass Motors Pvt. Ltd. The plaintiff has placed on record the letter dated 03.06.2009 written by Mr. Rajesh Sharma in his own handwriting to the plaintiff on plain paper where he undertook to vacate the premises by 31.07.2009. Thereafter two more similar undertakings were filed by the defendant on plain paper in his individual capacity on 21.06.2009 as well as 28.08.2009.