SURESH JAIN Vs. ORIENT CARPET GALLERY PVT. LTD

JUDGEMENT

(1.) BY this order I shall dispose of the application being IA No.2094/2008 under Order 12 Rule 6 read with Section 151 CPC filed by the plaintiff for decree on judgment. The brief facts of the matter are that the plaintiff has filed the present suit, inter alia, for specific performance of agreement dated 09.12.2005 and for permanent injunction. The defendant has filed its written statement.

(2.) DURING the pendency of the matter, the plaintiff has filed the present application under Order 12 Rule 6 CPC on the basis of alleged admissions made by the defendant. It is stated in the application that the defendant has admitted the execution of agreement to sell dated 09.12.2005 and the defendant has further admitted that a letter of attornment was issued by it to the tenant, M/s. Supreme Tradelinks Private Limited, and the said tenant attorned to the plaintiff and the rent has been paid to the plaintiff w.e.f.1.1.2006.

(3.) IT is stated in the application that the defendant issued the transfer letter to be lodged with the developer, M/s. Ansal Properties and Industries Limited to substitute the plaintiff in the records but retained the original to enable it for the purposes of clearing the dues and charges, which is the exclusive liability of the defendant till the date of the purchase.