CRI LIMITED Vs. PRAN NATH MEHTA

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India has been preferred impugning the order dtd. 22/11/2023 passed by the Learned District Judge (Commercial - 11), Central, Tis Hazari Courts, Delhi ('Trial Court') in CS(COMM) No. 3996/2021 titled as 'Pran Nath Mehta and Ors. vs M/s CRI Limited' whereby the application moved on behalf of the petitioner herein under Order VII Rule 11 read with Sec. 151 of the Code of Civil Procedure ('CPC') was dismissed. The petitioner herein is the defendant and respondents are the plaintiffs before the Learned Trial Court in the captioned suit.

(2.) The factual framework of the case unveils with the owner Smt. Raj Rani (deceased), who was predecessor in interest of the respondents, letting out the first and second floor of the suit property i.e. 2E/26, Swami Ram Tirath Nagar, Jhandewalan, New Delhi 110055 ('Tenanted Premises'), to the petitioner/tenant M/s NCR Limited (later as M/s CRI Limited/petitioner herein) in the year 1971.

(3.) Deceased Smt. Raj Rani, the landlady alleged to have sent a legal notice dtd. 26/3/1994 to the petitioner seeking an increment of rent at 15% and the petitioner sent a reply to the aforesaid notice protesting the same. Therefore in 1997, the landlady filed an eviction petition bearing no. RC ARC 78084/2016 titled as 'Smt. Raj Rani Mehta vs CRI Ltd. and Ors.' under Sec. 14(1)(a)(b) and (j) of the Delhi Rent Control Act, 1958 ('DRC') against the petitioner/tenant and impleaded 5 others as respondents. The said petition was stated to be pending adjudication before the Court of Learned Additional Rent Controller-01, Central, Delhi (in short 'ARC') learned ARC as on the date of filing of the present petition before this court.