SIMRIT SINGH Vs. GLOBAL COORDINATES

JUDGEMENT

(1.) This hearing has been done through video conferencing.

(2.) The present petition challenges the impugned order dtd. 29/11/2018 in CS. No. 7541/2016 titled Simrit Singh v M/s Global Coordinates passed by the ld. ADJ-04, South East, Saket Court, New Delhi (hereinafter "Trial Court") by which the application under Order XII Rule 6 CPC filed by the Plaintiff/Petitioner (hereinafter "Plaintiff") has been rejected by the Trial Court.

(3.) The petition arises out of a suit for possession filed by the Plaintiff in respect of the second floor of the property bearing No. D-19, Okhla Industrial Area, Phase-I, New Delhi (hereinafter "suit property") as also for recovery of rent, security, maintenance charges as well mesne profits. The Plaintiff entered into an agreement dtd. 1/9/2013 titled "leave and license agreement" which was in sum and substance a lease agreement. The case of the Plaintiff is that the lease agreement, though entered into for a period of 9 years, was unregistered. Hence the tenancy has to be construed as a month-to-month tenancy. The initial monthly rent for the suit property to be paid by the Respondent/Defendant (hereinafter "Defendant") was Rs.60,000.00, however, for the month of March, 2016 the monthly rent paid was Rs.80,132.00 till 19/3/2016. The lease was terminated vide letter dtd. 7/1/2016 but the Defendant refused to give possession of the property back to the Plaintiff. Accordingly, the Plaintiff sought the following reliefs from the Trial Court: