ASHOKA PROMOTORS (P) LTD Vs. CAPTAIN VIRENDER SINGH

JUDGEMENT

(1.) THIS order shall dispose of plaintiff's application under Order 12 Rule 6 read with Section 151 of the Code of Civil Procedure for a decree of possession in view of the admissions made by the defendants.

(2.) THE facts relevant for the disposal of this application, briefly stated, are that the plaintiff has filed a suit for recovery of possession of property No.G -80, Preet Vihar, Delhi and damages in the sum of Rs.1,30,16,976/ -. The case of the plaintiff, briefly stated, is that the predecessor of plaintiff had leased out the aforesaid property to the defendants vide an unregistered Lease Deed dated 1.11.1991 for a period of five years. This Deed expired on 31st October, 1996 and as such, the tenancy came to an end by efflux of time. The defendants vide their letter dated 28th October, 1996, requested the plaintiff for extension of Lease but it was not extended. The plaintiff served a notice also to the defendants to vacate the premises and hand over the possession but the defendants failed to do so. Hence this suit.

(3.) THE defendants have filed a reply to the application admitting that the premises were leased out to them by an unregistered Lease Deed but have pleaded that since the Lease Deed was not registered, the tenancy had not come to an end. It is submitted that even after the expiry of the Lease Deed, the plaintiff has been accepting rent from the defendants and as such, the relationship of the landlord and tenant between the parties continues. In the course of the arguments, learned counsel for the defendants has raised an additional plea by arguing that the suit filed by the plaintiff for a decree of possession is barred under Order 2 Rule 2 of the Code of Civil Procedure on account of the fact that the plaintiff had filed an earlier suit for mandatory in a unction which was decreed but in the said suit, no relief for possession was claimed. It is submitted that the plaintiff is now precluded from claiming a decree of possession.