Objections Reply

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Objections Reply

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Vishakha Mittal

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IN THE HON’BLE COURT OF SH.

HIMANSHU RAMAN SINGH,

ASCJ, SHD DISTRICT, KKD COURTS, DELHI

EXECUTION NO. 467 OF 2019

IN THE MATTER OF:-

SMT. RENU MITTAL & ANR. DECREE HOLDERS

Versus

SMT. RUBY JUDGMENT DEBTOR

REPLY ON BEHALF OF DECREE HOLDERS TO THE

APPLICATION OF THE JUDGEMENT DEBTOR UNDER ORDER
XXI RULE 58 AND SECTION 47 R/W S. 151 CPC 1908

MOST RESPECTFULLY SHOWETH:-

1. That the judgment debtor has concealed the material facts from this
Hon’ble court and filed a false, fabricated and malicious application
and affidavit before this Hon’ble court.
2. That the judgment debtor is making mockery of the court proceedings
and misguiding the Hon’ble court by stating false and baseless
statements. The judgment debtor has committed the offence of
contempt of the court orders and proceedings.
3. That the Decree Holders had filed the recovery of arrears of rent CS
no. 737/2019 before the Hon’ble court of Sh. Sushant Changotra
ASCJ SHD KKD courts and the summons were duly served to the
judgment debtor herself on dated 10.07.2019 by the process server.
The certified copies of the report of the process server is attached
herewith. It is further submitted that the address mentioned on the
summons and on
document no. 29 filed by the judgment debtor in her present
objections bears the same address i.e. H. No. 36 C, Chajjupur,
Babarpur, Shahdara, Delhi – 32.
4. That on dated 02.09.2019, the Ld. Predecessor of this Hon’ble court
awaited the judgment debtor’s appearance till 2 p.m. but none
appeared. Then the judgment debtor was made ex-parte and the Ld.
Predecessor of this Hon’ble court was pleased to pass ex-parte order
to recover of arrears of rent from judgment debtor from August 2016
to till 31.03.2019 @ Rs. 3000/- p.m. and from march 2019 to June
2019 @ Rs. 3300/- p.m. along with interest total amounting to Rs.
1,32,862.25/-.
5. That the judgment debtor was well aware of the proceedings of the
civil suit no. 737/2019 as this suit was filed by the decree holders
when the defence was struck off on dated 01.06.2019 in eviction
petition no. 13/15 of the DRC act. It is further submitted that a legal
demand notice of arrears of rent dated 04.06.2019 was posted on
dated 07.06.2019 and the same was also served upon the judgment
debtor on dated 08.06.2019.
6. That the decree holders had filed two eviction suits under DRC Act
1958 before the Hon’ble court of MS. BHAWANI SHARMA,
ARC/ACJ bearing nos. E – 13/15 (OLD NO.) (536/16 NEW NO.) u/s
14(1)(a) and E – 120/14 (OLD NO.) (666/16 NEW NO.) u/s 14(1)
(b)&(c) titled as Renu Mittal & anr vs Ruby. Both the suits were
contested by the judgment debtor till the vacation of the suit premises
on dated 16.03.2020.
7. That vide order dated 29.06.2015, the judgment debtor has paid the
amount of Rs. 5,000/- as rent to the decree holders before the Hon’ble
court of MS. BHAVANI SHARMA, ACJ/ARC, SHD, KKD, Delhi and
vide order dated 01.06.2019, the Hon’ble court of Sh. Harvinder Singh,
ACJ/ARC was pleased to struck off the defense of the judgment debtor
in eviction suit no. 13/15 (OLD NO.) (536/16 NEW NO.). The relevant
copies of the order sheets filed by the judgment debtor in the eviction
suit no. 13/15 (OLD NO.) (536/16 NEW NO.) are enclosed by the
decree holders to disclose true facts of the case and true colours of
judgment debtor the misguiding false affidavit and frivolous
applications filed by the judgment debtor.
8. That in eviction suit no. E – 13/15 (OLD NO.) (536/16 NEW NO.) u/s
14(1)(a) and E – 120/14 (OLD NO.) (666/16 NEW NO.) u/s 14(1)
(b)&(c) titled as Renu Mittal & anr vs Ruby, the judgment debtor
has admitted in her written statement that the judgment debtor has paid
the rent of the suit premises till November 2014 and in the possession
of the suit premises. This postulates the concocted and malicious
statements on the part of the judgment debtor to mock the proceedings
of the court.
9. The judgment debtor also admits the rate of rent to be Rs. 3000/- p.m.
in 2014 in document no. 13 filed by the judgment debtor the photocopy
of statement dated 08.10.2014 of Ms Ruby. It is submitted that the
judgment debtor clearly admits that the judgment debtor has taken the
two more rooms on rent after the termination of the rent agreement
dated 10.04.2013. The same rate of rent Rs. 3000/- p.m. order was also
passed by the Hon’ble Rent Control Tribunal on dated 25.01.2016 in
the presence of the counsels of both the parties. The same was also not
complied by the judgment debtor and never any appeal has been made
against this order by the judgment debtor till today itself.
10.That the decree holders filed one more eviction suit in 2019 bearing no.
E - 65/2019 before the Ld. Predecessor of this Hon’ble court on the
ground of bona fide requirement u/s 14(1)(e) of DRC Act in which the
eviction order was passed in favour of decree holders and the
possession
was received by the decree holders from the judgment debtor on dated
16.03.2020 through Bailiff and police aid by the order of Ld.
Predecessor of this Hon’ble court of Sh. Sachin Gupta.
11.That the judgment debtor is not entitled of any relief from this Hon’ble
court in any manner as the judgment debtor is mocking the court
proceedings playing delay tactics and any lenient view would cause
irreparable loss and injustice to the decree holders which can’t be
compensated in any manner.
12.That the judgment debtor was fully aware of the proceedings of this
case therefore, the judgment debtor has multiple times shifted the
premises so that warrants of attachment could not be executed against
her.
13.That the judgment debtor has acted in malicious and fabricated manner
in filing these objections application when the Hon’ble court has
passed the attachment orders against the judgment debtor.
14.That it is most likely that the judgment debtor may shift her premises
and flee from the jurisdiction of this Hon’ble court.

PRAYER

It is most respectfully prayed that this Hon’ble court may

graciously be pleased to dismiss the objections of the judgment debtor
with heavy costs in the interest of justice.

Decree holders
Delhi
Dated 01.03.2023 through

VISHAKHA MITTAL
Advocate
8506880938
IN THE HON’BLE COURT OF SH. HIMANSHU RAMAN SINGH,
ASCJ, SHD DISTRICT, KKD COURTS, DELHI