DLF LIMITED Vs. EMIRATES

JUDGEMENT

(1.) By this order, I shall dispose of I.A. No. 1354/2009 filed by the plaintiff under Order XII Rule 6 and Order XV Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 ('CPC for brevity).

(2.) Brief facts for the purpose of deciding the present application are that as per plaintiff, the plaintiff had leased out 714 sq. metres of its property on the 7th floor, DLF Centre, Sansad Marg, New Delhi (hereinafter referred to as the 'suit property*) to the defendant vide registered lease deed dated 3rd February, 2003 for a period of 54 months, expiring on 31st July, 2007. Despite efflux of time, the defendant failed to vacate the suit premises. Hence the plaintiff filed the present suit for ejectment of the defendant from the suit property and for recovery of mesne profits/damages for use and occupation. The defendant has been in unauthorized occupation of the suit property since 31st July, 2007.

(3.) It is the plaintiff's submission that the defendant did not opt for renewal of the lease deed and is therefore not entitled to the same. The plaintiff offered the prevalent rate of Rs. 400/- per sq. ft. per month to the defendant, but the defendant instead filed CS (OS) No. 1321/2007 against the plaintiff for specific performance of the agreement in the lease that provided for renewal of lease, hoping to take advantage of the fact that similar premises would be available to it for less than Rs. 400/- per sq. ft. per month.