CHANDER PRAKESH GUPTA Vs. KAMLESH WADHWA

JUDGEMENT

(1.) In CS 10084/2016, instituted by the respondents against the petitioner, the learned Additional District Judge ("the learned ADJ") vide order dtd. 9/10/2017, passed under Order XV-A of the Code of Civil Procedure, 1908 (CPC), as applicable to Delhi, directed the petitioner, as the defendant in suit, to pay arrears of rent/mesne profits, from the date of filing of the suit till the date of the order i.e., 9/10/2017, @ Rs.50,000.00 per month and to pay future mesne profit/damages w.e.f November 2017 onwards, at the same rate ofRs.50,000.00 per month. An application filed by the petitioner, under Sec. 114 of the CPC, seeking review of the said order dtd. 9/10/2017, was dismissed by the learned ADJ vide order dtd. 24/12/2018.

(2.) Both these applications have been called into question by the petitioner-defendant, in the present petition, instituted under Article 227 of the Constitution of India. Facts and impugned orders The suit

(3.) CS(OS) 2227/2013, which was the number under which CS 10084/2016 was originally registered when filed before this Court prior to enhancement of pecuniary jurisdiction of the learned Trial Courts, asserted that the petitioner had entered into a lease agreement dtd. 16/12/2008 with Respondent 1 Kamlesh Wadhwa in respect of the suit property situated at D-5, Ground Floor, Amar Colony, Lajpat Nagar-IV, New Delhi-110024, of which Respondents 2 and 3, the sons of Kamlesh Wadhwa, were co-owners.