NARINDER MAKHIJA Vs. SURVIR SALES CORPN

JUDGEMENT

(1.) These are two applications filed by the plaintiff. The application (I.A. 3910/2000), filed under Section 151, Civil Procedure Code, seeks a direction for striking out the defence of the defendants due to the non-compliance of the orders of this Court dated 17.9.1999. The second application (I.A. 1304/2000), filed under Order VIII, Rule 10, Civil Procedure Code, seeks orders against the defendants due to the non-payment of monthly rent as per order dated 17.9.1999.

(2.) The suit has been filed by the plaintiff, Narendra Makhija against M/s. Survir Sales Corporation as a first defendant and Shri Ramesh Khanna, as defendant No. 2. The plaint prays for a decree for possession in respect of the suit property bearing No. Y-28, Okhla Industrial Area, Phase-11, New Delhi and a decree for Rs. 15,95,460.00 towards arrears of rent.

(3.) The suit is founded on the plea that the defendant No. 1 was inducted as a tenant by the plaintiff on monthly rent of Rs. 24,000.00 and in spite of the various demands including a Legal Notice dated 20.3.1999 terminating the tenancy, the defendant No. 1 has not paid the rent as claimed in the notice and a cheque of Rs. 1,00,000.00 paid towards arrears of rent, given by defendant No. 1 on 18.3.1999 bounced on account of insufficient balance. The plaintiff thus claimed the arrears of rent @ Rs. 24.000.00 with effect from 15.8.1995 upto 14.2.1997 and @ Rs. 28,000.00 per month with effect from 15.2.1997 to 14.5.1999. The plaintiff has also claimed interest oh arrears of rent which comes to Rs. 3,30,360.00.