RAJESH KUMAR GUPTA Vs. SUSHIL MARWAH

JUDGEMENT

(1.) CAV 300/2015

(2.) IT transpires that the building has not yet been completed. The payment of Rs 1.325 crores has not been done in full. In fact, only a sum of Rs 35 lacs has been paid to the respondent. In addition, a sum of Rs 4.16 lacs has been paid to the MCD and a sum of Rs 8.05 lacs towards rent upto March, 2014 has been paid by the appellant to the respondent.

(3.) ON the one hand, the building has not been completed for whatever reason and the full payment has not been made by the appellant and, on the other, the possession of the entire super -structure is being retained by the appellant. It is in these circumstances, when the said application was moved under Order 39 Rules 1 and 2 CPC, the learned Single Judge observed as under: -