SHAH BUILDERS PRIVATE LIMITED Vs. THAPAR AGRO MILL

JUDGEMENT

(1.) This is an application u/0. 39 R. 1 & 2 r.w. S. 151, Civil Procedure Code , wherein plaintiff says that he has filed a suit against Deft. which is pending. In the suit it is asserted that suit premises is in Greater Kailash and the Defts. took 3 rooms in a Lodging House, which is being run by the plaintiff as Saraswati Lodge for residential purpose for 750 days, and in that connection a sum of Rs 12,000.00 was received. This transaction is evidenced by a copy of a receipt.

(2.) There is no written agreement between the parties apart from this receipt, which has come on record of this case, as a result of the record of the sales-tax office, having been got produced in this Court. It is in the sales-tax office that this receipt was filed. This receipt, which is a photo copy, states "received with thanks from Satish Thapar a sum of Rs. 12,000.00 by draft No. 890870 on C. Bank on account of room charges for room No. 101 102 and 103 up to 14.4.1986".

(3.) Copy of receipt, which is yet to be proved, is the only document in existence so far, which may have a bearing upon the nature of the transaction between the parties. According to the plaintiff, the aforesaid three rooms were given, and lodging charges therefor were charged. According to the defts however, prior to issuance of the document, there were negotiations, and pursuant to oral agreement, the deft. was put in possession for commercial purpose. It is the case of the defendants that they occupied the premises either on 9.1.86 or on 11.1.86, when they intimated the Registrar of Companies that the registered office of the deft. company shall be functioning from W-50., G.K. Part-11, New Delhi.