INDU ANAND Vs. RATTAN FURNITURE STORES

JUDGEMENT

(1.) THE present is an appeal filed under order 43 Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred as "CPC") assailing the order dated 09.12.2013 passed by a learned Single Judge of this court whereby two applications, one (IA No.8605/2013) under Order 12 Rule 6, CPC, for possession/ejectment and the other (IA No.8604/2013 ) under Order 39 Rule 10, CPC, to deposit Rs.1,50,000 per month in court respectively were dismissed in CS(OS) 3569/2012 being a suit for recovery, possession/ejectment, damages/ mesne profits and injunction.

(2.) THE Appellant (Plaintiff in CS(OS) 3569/2012) is the Landlord of Respondent Nos.1 and 2 (Defendant Nos.1 and 2 in CS(OS) 3569/2012) in respect of the suit property being 11, Punchkuian Road, Ground Floor, New Delhi at Rs. 110 per month.

(3.) THE defence taken by the Respondent Nos.1 and 2 is that, they have only given part of the suit property on license to Respondent No.3. As a result, the civil court has no jurisdiction to entertain the present suit since the rent of the suit property is below Rs. 3500 per month. They contend that, the suit property is exempted under section 3(c) of Delhi Rent Control Act, 1958 (hereinafter referred to as the 'DRC Act') . However, Respondent No.3 claims to be a tenant of Respondent No.1 and 2 at a monthly rent of Rs. 1,50,000 per month.