AXIS NIRMAN INDUSTRIES LTD Vs. RAJENDRA KUMAR (HUF)

JUDGEMENT

(1.) The present appeal has been filed under Sec. 96 read with Order XLI Rule 1 and 2 of the CPC, 1908 challenging the impugned judgment and decree dtd. 2/6/2022 passed by the learned ADJ (South District) Saket Court, New Delhi in CS/DJ No. 27 of 2022.

(2.) Vide the impugned order, the learned ADJ (South District) Saket Court, New Delhi, allowed the application under Order XII Rule 6 read with Sec. 151 CPC of the respondent/plaintiff (landlord) and inter alia passed a preliminary decree in favour of the respondent/plaintiff and directed the petitioner/defendant to hand over the vacant and peaceful possession of the suit property bearing House No. F-25A, Hauz Khas Enclave, New Delhi, admeasuring about 500 sq.yds. comprising Ground Floor, First Floor and Second Floor consisting of seven bedrooms with attached bathroom, two drawing rooms, two kitchens, four servant quarters etc. within a period of two weeks from today.

(3.) Before this Court proceeds further, it is necessary to record certain undisputed facts. A lease deed was entered into between the parties on 20/1/2010 which was duly registered for the lease of premises up to 30/10/2019. An Addendum Agreement dtd. 4/2/2017 was also executed between the parties whereby the tenancy was extended for another 9 years. It is an admitted fact that this Addendum Agreement was not registered.