COMPACK ENTERPRISES INDIA PRIVATE LIMITED Vs. BEANT SINGH

JUDGEMENT

(1.) These petitions arise out of judgments of the High Court of Delhi (hereinafter 'High Court') dated 14.02.2019 and 25.07.2019. By the first impugned judgment dated 14.02.2019, the High Court disposed of the regular first appeal RFA No. 253/2018 filed by the Petitioner against judgment and order of the Ld. Additional District Judge, Rohini (Trial Court') dated 23.09.2017 in Suit No.58395/2016 filed by the Respondent. Whereas by the second impugned judgment dated 25.7.2019, the High Court disposed of Review Petition No. 177/2019 filed by the Petitioner against the judgment in RFA No. 253/2018.

(2.) These cases concern a suit for possession and mesne profits filed by the Respondent/plaintiff against the Petitioner/defendant, with respect to the ground floor of the property bearing No. B-60, Ground Floor, G.T. Karnal Road, Industrial Area, Delhi-110033, admeasuring 608 sq. yards (or, 5,472 sq. ft.) (hereinafter 'suit property').

(3.) The Respondent, Beant Singh, is the owner of the suit property. He, through M/s Channa Auto Agencies (P) Ltd. (of which he is a Director), executed a license agreement dated 1.11.2000 in respect of a portion of the suit property in favour of M/s Compack Enterprises (the Petitioner's predecessor), for a period of 30 months in consideration for a monthly license fee of Rs. 28,000/-(hereinafter, '2000 Agreement'). On 1.04.2003, Compack Enterprises merged with Compack Enterprises India (P) Ltd. (i.e., the Petitioner herein), and the 2000 Agreement continued with mutual consent of parties. The license arrangement was renewed on 1.07.2003 for another 30 months, with a 10% increase in monthly license fee to Rs.30,800/- (hereinafter, '2003 Agreement'). The 2003 Agreement was renewed for the last time effective from 1.04.2006 and expiring on 30.09.2008, with a further 10% increase in monthly license fee to Rs.33,900/- (hereinafter, '2006 Agreement').