ANURADHA TEWARI THROUGH HER SPA Vs. BAL KISHAN

JUDGEMENT

(1.) The present appeal, under Order XLIII Rule 1(c) of the Code of Civil Procedure, 1908 (the CPC), has been filed for setting aside Annexure P-1, i.e., Order dtd. 15/7/2022 in CS 784/2019, whereby the appellant/plaintiff's application under Order XXXIX Rule 10 of the CPC was dismissed on the ground that the respondent had disputed the landlord-tenant relationship along with the fact that no lease agreement had been filed on record.

(2.) Brief facts of the case, as per the averments of the appellant/plaintiff, are as follows:- The appellant/plaintiff, on 5/5/2015, purchased the suit property bearing Flat No. 55C, DDA Janta flats, Pandav Nagar, Patel Nagar, New Delhi - 110008 (suit property), with roof rights by way of a registered sale deed.

(3.) Learned counsel for the appellant/plaintiff submitted that the respondent/defendant has agreed in his written statement before the trial court that certain financial transactions were pending between the parties, which the respondent has characterised as repayment of interest on the alleged loan amount of 22,00,000. This admission, it was argued, is sufficient for directing the respondent/defendant to deposit the arrears of rent to protect the appellant/plaintiff from further loss during the pendency of the proceedings.