CS(OS) No.1449/2007 Page 1 of 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.1449/2007 % Date of Decision: 27.04.2009 Amar Nath and sons (HUF) and another …. Plaintiffs Through Mr.Kamal Mehta, Advocate. Versus Sheetal Singh …. Defendant Through Mr.A.K.Babbar & Mr.Surinder Kumar, Advocate. CORAM: HON’BLE MR. JUSTICE ANIL KUMAR 1. Whether reporters of Local papers may be allowed to see the judgment? YES 2. To be referred to the reporter or not? NO 3. Whether the judgment should be reported in the Digest? NO 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. 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 CS(OS) No.1449/2007 Page 2 of 2 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. 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. On the basis of the statement of learned counsel for the defendant, the suit of the plaintiff is decreed and the defendants are directed not to transfer the possession of the property or to create third party interest in the tenanted premises bearing shop No.7730, Ram Nagar, New Delhi under the tenancy of the defendant and handover the possession only pursuant to a decree for recovery of possession passed by a competent court. The suit is decreed in terms thereof and parties are left to bear their own costs. All the pending applications are also disposed of. APRIL 27, 2009 ANIL KUMAR, J. “MK”