AMAR NATH Vs. SHEETAL SINGH

JUDGEMENT

(1.) LEARNED counsel for the plaintiff does not press the relief for mandatory injunction seeking a direction to the defendant to handover the vacant physical possession of the suit property to the plaintiff as and when he leaves the country. In any case the relief of mandatory injunction shall also be barred under Section 50 of Delhi Rent Control act.

(2.) AS far as the relief of permanent injunction seeking a restraint against the defendant from transferring the possession of any part of the suit property or creating third party interest in respect of suit property in any manner whatsoever in favour of any person other than the plaintiff, learned counsel for the defendant contends that a statement was given, on instructions of the defendant that the defendant shall not transfer or create third party interest in respect of suit property till the disposal of the present suit on the basis of which ia. No. 9126/2007 was disposed of directing the defendant not to transfer or create third party interest in respect of suit property during the pendency of the present suit.

(3.) LEARNED counsel for the defendant, on instructions, further submits that the defendant shall not handover the possession of the premises unless there is a decree for recovery of possession of the tenanted premises.