JAYANT KUMAR TREHAN Vs. HDFC BANK LTD.

JUDGEMENT

(1.) IA No.13608/2013 (under Order 7 Rule 11 CPC)

(2.) The plaintiff has filed the present suit for recovery of mesne profits. The plaintiff is the owner of premises C-17, Ground Floor, Anand Niketan, New Delhi admeasuring 1800 square feet. The defendant entered into a lease for the said property in 2004. The lease deed was executed between the plaintiff and the defendant on 11.03.2005. The date of commencement of the lease was 01.06.2004 and it was for a period for five years i.e. up to 31.05.2009. On or before expiry of the lease the plaintiff sought possession. As the defendant did not vacate the premises, a civil suit was filed for possession in this court being Suit No. 1179/2009 on 27.11.2009 along with the said suit an application under Order 2 Rule 2 CPC was filed. The suit was decreed on 31.10.2012. The defendant sought time up to 31.05.2013 to vacate the premises which time was granted by the court. The defendant agreed to pay use and occupation charges from 01.11.2012 to 31.05.2013 @ Rs.400 per sq.ft. The plaintiff has now filed the present suit seeking mesne profits for the period 01.02.2010 to 31.10.2012 @ Rs.400 per sq.ft.

(3.) The defendant has filed the present application for rejection of the plaint. It is averred that during pendency of the earlier suit the plaintiff never claimed mesne profits. In fact in the earlier suit the plaintiff had filed an application under Order 2 Rule 2 CPC seeking permission to press for mesne profits at a later date. The application was not pressed in that suit. It is averred that this court passed no orders on the application. Hence it is further averred that the present suit is barred under Order 2 Rule 2 CPC and the plaint is liable to be rejected.