SURESH MANSHARAMANI Vs. GUNENDER KUMAR JAIN

JUDGEMENT

(1.) BY way of this appeal, challenge has been made to the order dated 24.7.2012 passed by the Learned Addl. District Judge, Dwarka Courts, Delhi by which application of appellant no.1 under Order XXXIX Rule 10 of CPC has been dismissed.

(2.) APPELLANT no.1 herein is the plaintiff before the learned trial court. Appellant no.1/plaintiff has filed a suit for possession, permanent injunction and mesne profits against respondent i.e., defendant before the learned trial court alleging therein that he is the owner of property bearing no.S -17 -18, Chankya Place -II, (Opp C -1 Janakpuri), New Delhi and was engaged in the business of export of the readymade garments and would procure the export orders and transfer the same to the interested parties for which the company of the appellant no.1/plaintiff would charge the commission at the agreed terms and conditions. It is alleged The respondent /defendant used to supply fabric and readymade garments to Ms/ Rahul Merchandising Ltd of which appellant no.1/plaintiff is one of the Directors. As per appellant no.1/plaintiff, the respondent/defendant had taken first floor of the said property w.e.f March, 2001 for him on a monthly rent of Rs.12500.00. The details of the property are given in the plaint. It is alleged that it was agreed that the rent due from respondent/defendant was to be adjusted in the statement of account against the readymade garments supplied by respondent/defendant. There was running account between the respondent/defendant and the company of appellant no.1/plaintiff in respect of the commission to be received by the said company from respondent/defendant against the transfer of export orders. Appellant no.1/plaintiff has further alleged that on 2.9.2002 there was an outstanding against M/s Rahul Merchandising Ltd of Rs.97,18,115.00 and the amount to be received from the respondent/defendant was Rs.23,24,220.00 and the outstanding balance was cleared by M/s Rahul Merchandising Ltd by making payments in favour of Chandra Exports, Chandra Frabric Pvt Ltd, Mahavira Garments, Sun Fabric and Vardhman Garments resulting into net dues of Rs.18,645.00 from M/s Chandra Fabrics Pvt Ltd of which respondent/defendant is one of the Directors. Appellant no.1/plaintiff has also alleged that rent from 31st March, 2004 @ Rs.12500.00 per month has been adjusted in the statement of account of M/s Chandra Fabrics Pvt. Ltd. The tenancy of respondent/defendant was terminated by notice dated 24.9.2008 and another notice was sent on 20.4.2010 and from 1.6.2010, respondent/defendant is unauthorized occupant. It is alleged that respondent/defendant has not paid rent from 1.4.2004 but appellant no.1/plaintiff is claiming rent from 15.10.2007 which is within the period of limitation.

(3.) THE said application was opposed by respondent/defendant on the ground that appellant no.1/plaintiff is neither the landlord nor co -owner of the suit property, as such application is not maintainable. The learned trial court after considering the contentions of the parties has dismissed the application. Aggrieved with the same, present appeal is filed.