M/S KALATEX Vs. COL. B.L. TANDON

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal filed under Sec. 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial court dated 5.7.2008 which has decreed the suit of the respondent / plaintiff / landlord for possession and mesne profits / admitted rent.

(2.) The facts of the case are that the respondent / plaintiff filed a suit for recovery of possession and arrears of rent with respect to the premises C -712, Phase -I, Okhla Industrial Area, New Delhi. The subject property was let out on a monthly rent of Rs. 30,000/ - to the appellant / defendant. It was pleaded in the plaint that Rs. 7.20 lakhs became due as arrears of rent for the period ending 31.10.2000, and therefore, the tenancy which was a month to month tenancy was terminated by a legal notice dated 23.9.2000 seeking delivery of possession on 31.10.2000. Since the appellant / defendant failed to vacate the premises, the subject suit for possession and mesne profits came to be filed.

(3.) The appellant / defendant appeared in the suit and contested the suit by raising various grounds. The first ground was that the relationship between the parties was not of a landlord and a tenant inasmuch as the agreement dated 17.10.1988 entered into between the parties was a consultancy agreement. It was pleaded that the suit was not properly instituted against the defendant inasmuch as what the defendant to the suit is i.e. what is "M/s Kalatex" - defendant, is not stated in the plaint. It was further pleaded that the appellant / defendant was not in arrears of rent. Finally, it was pleaded that the possession of the suit premises was not with the appellant / defendant, and the possession always continued to be with the respondent / plaintiff.