LAWS(DLH)-2018-1-594

P G SONS HUF Vs. LALIT M SHARMA

Decided On January 31, 2018
P G Sons Huf Appellant
V/S
Lalit M Sharma Respondents

JUDGEMENT

(1.) The petitioner is the plaintiff of suit (Suit No.45/15) wherein the respondent is the defendant, the prayer made being for the reliefs in the nature of decree of possession and mesne profits in respect of premises in which the defendant admittedly is a tenant. It appears while resisting the suit, the defendant (the respondent herein) has taken the position that tenancy was created, not orally but by a lease agreement dated 10.08.1996 and further that at the time of creation of the tenancy, security amount of Rs.11,00,000/- had been paid which needs to be accounted for.

(2.) The plaintiff had moved an application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) on 01.08.2015 seeking a decree on admissions in the pleadings. The said application was dismissed by the impugned order dated 16.12015, the Civil Judge framing issues by a corresponding short order of the same date, as under:-

(3.) Whether the defendant has paid the rent up to date? OPD?