ALKA ARORA Vs. NISHA AUTOMOBILES

JUDGEMENT

(1.) Mrs. Alka Arora, hereinafter described as the plaintiff, has filed the present suit for possession of the property bearing no. S-9, Okhla Industrial Area, Phase-II, New Delhi and also for permanent injunction to restrain the defendants, their agents, or assigns from parting with possession or transferring, alienating or sub-letting the tenanted portion of the property in dispute referred to above.

(2.) The facts alleged are that plaintiff is the owner/landlord of the property. Defendants 2 and 3 are the partners of defendant no.1. They had taken the suit premises on the pretext of running the motorcycle showroom and accessories in 1998 on basis of an agreement of 16/05/1998. The monthly rent settled was Rs.50,000.00. The defendants are alleged to have not paid the rent from March 1999. It is alleged that defendants had issued four different cheques dated 10/11/1998, 10/12/1998, 10/5/1999 and 20.4.2000. They were not encashed as defendants were not having sufficient balance in their account. The tenancy of the defendants was terminated and suit for possession and for an injunction referred to above has been filed.

(3.) On behalf of the defendants Shri Sanjay Chaudhary had put in appearance. But on 2 4/04/2001 this court had proceeded ex parte against the defendants. The plaintiff was permitted to lead evidence by filing of the affidavit.