JATINDER NATH GUPTA Vs. STC OF INDIA

JUDGEMENT

(1.) THIS an application under Order 12 Rule 6 CPC filed by the plaintiff. The necessary facts to be noticed for disposal of this application are that initially six plaintiffs had instituted the present suit for possession, recovery of arrears of rent and damages. The plaintiffs claim themselves to be the owners of the property bearing No.22 Rajpura Road, Civil Lines, New Delhi, which was purchased by them by means of a perpetual lease deed dated 31.05.1973. The defendant was a tenant before the property was purchased by the plaintiffs. The last paid rent was Rs.10,995/-. After purchase of the suit property vide letter dated 12.09.1973 the plaintiffs informed the defendant that rent of the property be paid to plaintiff no.1, who had the authority on behalf of the other plaintiffs to accept the rent. The defendant has been paying rent prior to termination of the lease in favour of the plaintiffs. The plaintiffs also brought it to the notice of the defendants that some unauthorized constructions have been carried out by them, despite the objections being raised by plaintiffs. By a legal notice dated 01.04.1991 sent by registered AD post and also under certificate of posting, tenancy of the defendant was terminated. By another notice of 25.10.1991 the defendant was informed that the cheque for Rs.54,975/- was not being encashed, as the tenancy of the defendant had been terminated. As the possession was not handed over, the present suit was filed.

(2.) IN the year 1994 the plaintiff had filed a similar application under Order 12 Rule 6 CPC, however, the same was withdrawn on 20.07.2005, when the following order was passed:

(3.) LEARNED senior counsel for the defendant submits that the reply filed to the earlier application (IA.No.11872/1994 under Order 12 Rule 6 CPC) be treated as a reply to the present application as well.