RADHA LAL Vs. JESSOP AND CO

JUDGEMENT

(1.) In this suit filed by Smt. Radha Lal for possession and mesne profits regarding property No. 8, Golf Links against M/s. Jessop & Co. defendant herein, an application being I.A. 1583/92 was filed by the plaintiff under Order 12 Rule, 6, r.w. 151 Civil Procedure Code with the request that a decree for possession may be passed in view of the admission made by the defendant in the W/S.

(2.) The facts giving rise to this suit are that ground floor of 8, Golf Links was let out to the defendant company on or about 1.5.1969 by the husband of the plaintiff on a monthly rent of Rs. 3000.00 which was increased to Rs. 7000.00 w.e f. January, 1984. After the death of the original owner/landlord the plaintiff started receiving the rent of these, premises. After amendment of the Delhi Rent Control Act, 1958 by the Amendment Act of 1988, as per S.3C of the Act, the provisions of the Delhi Rent Control Act were not made applicable to those premises, whether residential or not, if the monthly rent exceeded Rs. 3500.00. On the basis of this amendment, suit has been filed for possession.

(3.) The defendant contested the suit by filing W/S pleading, inter alia, that the suit is bad for misjoinder of parties. After the death of Krishan Lal, the original owner, who died intestate, besides the plaintiff his son Nandan Lal and daughter Smt. Anuradha Singh became co-owners and they have not been made parties to this suit. The termination of tenancy by notice u/S. 106 of the T.P.A. has also been disputed. The owner ship of the plaintiff has also been denied. The factum and validity of the notice u/S. 106 of the T.P.A. dated 8.2.1989 has also been challenged.