COURT ON ITS OWN MOTION Vs. JAVED HASAN

JUDGEMENT

(1.) The captioned application and contempt proceedings arise out of an appeal filed by Mr. Javed Hasan [hereinafter, 'the defendant"], against a judgment and decree dtd. 4/5/2022 passed by the learned Additional District Judge- 03, Central Tis Hazari Courts, Delhi in CS DJ No. 455/19. CONT.CAS(C) 994/2023 has been registered pursuant to an order of this Court dtd. 3/7/2023 in RFA 300/2022. CM APPL. 47617/2022 has been filed by Mr. Rajesh Chopra and Mr. Govind Patel, the plaintiffs in the suit [hereinafter, 'the plaintiffs"], for directions in terms of the order dtd. 1/8/2022 in the appeal. I. Facts

(2.) A suit was filed on 7/5/2019 in the Court of learned Additional District Judge-03, Central Tis Hazari Courts, Delhi [CS DJ No.455/19], by the plaintiffs, against the defendant, for recovery of possession of immovable property - shop No. 8, 9, 10 and 11, No.l5-A/52, Plot No.52, Block-15A, WEA, Karol Bagh, New Delhi-110005 [hereinafter 'the suit property"] and payment of arrears of rent, mesne profits and electricity charges.

(3.) The cause of action asserted by the plaintiffs was that they were the owners of the suit property, which had been leased to the defendant under a registered lease deed dtd. 18/9/2017 for a period of 11 months [from 1/9/2017 to 31/7/2018] on payment of monthly rent of Rs.1,00,000.00. It was stated that the defendant defaulted in regular payment of rent and also failed to vacate the suit property upon the lapse of the lease period. The plaintiffs also claimed that the defendant had caused substantial structural damage to the premises, and failed to pay consumption charges for electricity. Upon the defendant failing to vacate the property, despite the issuance of a legal notice dtd. 18/2/2019, the plaintiffs filed the suit for the aforementioned reliefs.