SMT. CHANDRA PRABHA SARAFF Vs. PARVEZ AHMED

JUDGEMENT

(1.) ORDER impugned before this Court is the order dated 09.01.2012; the application filed by the plaintiff under Order XV -A of the Code of Civil Procedure (hereinafter referred to as the 'Code') had been dismissed.

(2.) RECORD shows that the present suit has been filed by the plaintiff for eviction, possession, recovery of rent, interest and damages. The plaintiff along with her brother in law claims himself to be the absolute owner and in possession of the disputed property i.e. property bearing No. 32/1A and 32/2A, B Block, Gali No. 3, East Azad Nagar. Contention is that the defendant was inducted as a tenant in terms of a rent agreement dated 18.07.2009; he has not paid occupation charges; he was encroaching upon the land of the plaintiff; suit was accordingly filed.

(3.) IN the course of the proceedings, present application was filed under Order XV -A of the Code; contention was that the user charges are not being paid by the defendant since 01.04.2010 and inspite of legal notice, he has failed to deposit this amount; prayer for the said amounts was made.