SUNILA WADHAWAN Vs. SILVER SMITH INDIA LTD

JUDGEMENT

(1.) BY way of present petition under Article 227 of the Constitution of India, the petitioners have assailed an order dated 26th March, 2008 passed by learned ADJ dismissing an application filed by the petitioners under Order 12 Rule 6 CPC for passing a decree of possession of the premises in question in favour of the petitioner.

(2.) BRIEF facts relevant for the purpose of deciding this petition are that the petitioner had let out a premises bearing number M -15, Green Park, New Delhi to the respondent by way of a lease deed dated 25th January, 1999 for a period of two years with effect from 1st February 1999. The monthly rent reserved was Rs. 30,000/ -.

(3.) THE application under Order 12 Rule 6 CPC was resisted by the respondent herein on the ground that there was no clear admission made by defendant of the averments of the plaintiff and, therefore, no order under Order 12 Rule 6 CPC could be passed. The learned trial court observed that from the pleadings of the parties, it was apparent that a plea was taken by defendant of renewal of lease deed for a further period of five years and this plea was denied by plaintiffs. It was also stated that plaintiff No. 1 was the sole Lessor and plaintiffs No. 2 to 4 were not proper parties. The Court also observed that plaintiff had not mentioned about the reply of notice he received in the plaint. She observed that the suit was filed on 5th March, 2004 and according to plaintiffs lease deed was executed on 31st January 2001 but as per defendant, the lease stood extended up to 31st March, 2006. Thus, there was no clear admission and she dismissed the application.