KRISHNA KUMARI Vs. SUNIL KUMAR GOEL

JUDGEMENT

(1.) By this order I propose to decide application being I.A. No. 21109/ 2013 under Order 12 Rule 6 read with Section 151 CPC filed by the plaintiff who has filed the suit for possession, mesne profits and permanent injunction against the defendants in respect of the leased portion in the property bearing No. 32, F.I.E., Patparganj Industrial Area, Delhi 110092 (hereinafter referred to as the "suit property").

(2.) The parties entered into a Lease Deed dated 24th October, 2008 in respect of the basement, ground floor and part of first floor of the suit property by virtue of which the defendants have been in possession, occupation and control thereof. The Lease Deed was executed for a period of three years for a monthly rent of Rs.1,47,000/-. The defendants have been using the leased portion of the suit property for services of two wheelers. The front portion alongwith toilet and complete second floor has been stated to be in possession of the plaintiff.

(3.) It is the case of the plaintiff that ever since the inception of the lease, the defendant has been using the leased portion of the suit property contrary to the terms of the lease deed. Defendants have been defaulting in making payments towards rent and on number of occasions their cheques towards rent have bounced. It is stated that defendants have trespassed into the portions in possession of the plaintiff and without seeking consent or permission of the plaintiff the defendants have installed a generator set at the 2nd floor of the suit property. The defendants and their workers use the toilet near the office room at the first floor without the permission of the plaintiff. In the front portion of the first floor, the defendants have installed two fibre sheet cabins for denting and painting of scooter parts and other activities thus disturbing plaintiff's work. The defendants, against the terms of the lease deed are storing highly inflammable material such as mobile oil, diesel etc. in bulk quantity in barrels/containers which is unsafe for building as well as its inhabitants. The plaintiff has informed defendants about the disturbances and interferences caused by them but defendants did not stop.