SUNITA CHAKRAVARTY vs SHARUL MATHUR (SR. CTZN.)

Judgment text excerpt

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11th July, 2025 + CM(M) 1198/2025 & CM APPL. 40445-40446/2025 SUNITA CHAKRAVARTY .....Petitioner Through: Mr. Medhanshu Tripathi with Mr. Tushar Tokas and Ms. Arbinder Kaur, Advocates. versus SHARUL MATHUR (SR. CTZN.) .....Respondent Through: Mr. Harshit Goel, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The petitioner is defending a suit for possession, injunction and mesne profits. 2. When the matter was taken up by the learned Trial Court on 13.08.2024 keeping in mind the specific admission made by the defendant in her written statement, wherein she admitted that the monthly rate of rent was Rs. 31,000/- and that it had not been paid by her since January 2021, the learned Trial Court directed her to deposit arrears of rent at the abovesaid rate, within a period of two months. 3. Since the defendant (petitioner herein) was also claiming that she was inducted as tenant by late Mrs. Vimla Mathur and there was no proof that the Signature Not Verified Digitally Signed CM(M) 1198/2025 1 By:SONIA THAPLIYAL Signing Date:14.07.2025 12:11:10 plaintiff was her legal heir, the learned Trial Court, to protect her interest, also directed her to deposit such amount by way of FDR in the name of the Court. There was also a direction to her to deposit rent at the abovesaid rate, in the Court, for the future months also. 4. Admittedly, the abovesaid order was not complied with and, therefore, when the matter was again taken up by the learned Trial court on 13.01.2025, the learned Trial Court struck off the defense of defendant. 5. Such order is under challenge. 6. When asked, learned counsel for petitioner submitted that the petitioner has been, merely, able to arrange amount of Rs. 2,50,000