MIRKANA ENGINEERING PVT. LTD. Vs. EINO S. MEHTA

JUDGEMENT

(1.) I .A. No. 10338/2012 filed in CS (OS) No. 37/2009 and an identically worded interim application No. 10336/2012 in CS (OS) No. 38/2009 filed by respondent No. 1 -the plaintiff(s), have been allowed by the learned Single Judge and the reasoned order is dated October 31, 2013 which is challenged in F.A.O. (OS) No. 165/2014. A short order of even date has been challenged in F.A.O. (OS) No. 164/2014. The first respondent in the two appeals: Ms. Kanta Mehta and Eino S. Mehta are not only related to, each other but also own separate portions in the same building at Rama Road, Najafgarh Industrial Area, New Delhi which they let out to the appellant. Issue of the appellant sub -letting the same to the second respondent was sorted out as per a compromise under which it was agreed that both could occupy the premises let out and thus both would be jointly and severally liable to pay the rent.

(2.) ALLEGING that the period of lease was over, since there were two independent leases, the first respondent in the two appeals sued for ejectment and mesne profits.

(3.) THE appellant took the plea in both the suits that for the period May 01, 2007 to August 30, 2008 it was not liable to pay any rent on account of the premises being sealed by the Municipal Corporation of Delhi and hence not usable.