RATTAN MEHTA Vs. GAYATRI SHAH

JUDGEMENT

(1.) By way of present appeal filed under Order XLIII Rule 1(f) read with Sec. 151 CPC, the appellants have assailed the order dtd. 23/12/2019 passed by the learned ADJ-04, Patiala House Courts, New Delhi in CS No.55540/2016, whereby the appellants'/defendants' defence was struck off and the written statement filed by them was directed to be taken off the record.

(2.) Brief facts, in nutshell, to appreciate the challenge are that the respondents/plaintiffs preferred a suit for possession, mesne profits and damages. In the plaint, the respondents claimed themselves to be owners of property bearing No. 25-A, C Block, Vasant Vihar Market (Local Shopping Centre-1), New Delhi (hereinafter, referred to as 'the suit property'). It was further claimed that a shop on the ground floor of the suit property was leased to Smt. Anju Mehta and appellant No.1 vide Lease Deed dtd. 15/5/1984 at a monthly rent of Rs.1,500.00, whereafter the defendants created a sub-tenancy in favour of M/s Mahima Caps (P) Ltd. by entering into an Agreement dtd. 15/7/2004 (hereinafter, referred to as 'the Agreement'). The Agreement, a copy of which was filed alongwith the plaint, was statedly executed on behalf of defendants' partnership firm M/s Rain through Smt. Anju Mehta and her son Rattan Mehta-the appellant. Under the said Agreement, M/s Mahima Caps (P) Ltd. was required to pay Rs.1.00 lac per month as minimum guaranteed proceeds towards the profit/sale.

(3.) It was pleaded before the Trial Court that the defendants having created sub-tenancy were no longer entitled to protection under the Delhi Rent Control Act, 1995. In support of the averment, they had placed on record a copy of the Agreement and averred that the original Agreement was in possession of the defendants.