RAMESHWAR SINGH YADAV Vs. RAUNAK SINGH

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 3rd July, 2012 passed by Sh. Harun Pratap, Addl. District Judge, Civil Judge -7, North/Delhi in suit No.447 of 2012 whereby the petitioner's application under Order VI Rule 17 read with Section 151 CPC was dismissed.

(2.) THE brief facts for the purpose of adjudication of the present matter are that the respondent No.1/plaintiff filed a suit for recovery of possession and damages for use and occupation on 22nd June, 2008 which is pending adjudication in the Court of ADJ, Civil Judge -7, North Delhi. The suit property in question is an open plot of land measuring about 213 sq. yds. forming part of Khasra No.400/7 in the Abadi of Ranjeet Nagar, Village Shadipur, Delhi that was let out for a period of twenty years commencing from 21st November, 1962 on a rent of Rs.28/ - p.m. to Sh. Tula Ram by one Sh. Narain Singh vide Regd. Lease Deed executed between the parties on 19th September, 1962 presented before Sub Registrar on 22nd November, 1962 and was registered on 5th September, 1963.

(3.) TENANCY rights to the knowledge of the plaintiff (one of the LRs of the lessor - Narain Singh) were inherited by Sh. Ramesh Singh Yadav the petitioner herein who alone has been in actual and physical possession of the said land.