GANESHI LAL Vs. SHYAM KISHORE

JUDGEMENT

(1.) IMPUGNED order is dated 17.04.2011; the application filed by the defendant under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as the `Code') which had been filed at the time when the evidence of the plaintiff was in progress had been dismissed and rightly so. Contention of the defendant that the plaint had disclosed no cause of action did not find favour with the trial Court.

(2.) RECORD shows that the present suit has been filed as a suit for recovery of Rs.87,400/- by one Shyam Kishore against four persons. Contention was that the premises had been let out by the plaintiff to the defendant. The defendant had sometime in the beginning of 2005 has sub-let this premises @ Rs.36,000/- per month and had parted with the possession of the sub-tenant Tarun Kumar Sharma; provisions of the Delhi Rent Control Act (DRCA) would thus become inapplicable. On 06.04.2005, notice was served upon the defendants terminating their tenancy and calling upon them to vacate the suit premises on or before 30.04.2005. The defendants were served with another notice dated 29.07.2009 informing them that the rent was enhanced and they would be charging the enhanced amount of Rs.43,700/-; damages for illegal use and occupation of the premises was accordingly prayed for.

(3.) PETITION is without any merit. Dismissed.