JAGDAMBEY BUILDERS PVT. LTD. Vs. J.S. VOHRA

JUDGEMENT

(1.) This first appeal under Sec. 96 of the Code of Civil Procedure (CPC), 1908 impugns the judgment and decree dated 14th October, 2014 (of the Court of Additional District Judge (ADJ) -05, South District, New Delhi in Suit No. 173/2014 bearing Case ID No. 02406C0391252010) ejectment of the appellant from first floor of property No. A -14, Neeti Bagh, New Delhi earlier in its tenancy and for recovery of arrears of rent / mesne profits at the rate of Rs. 30,000/ - per month w.e.f. 1st December, 2007 till the filing of the suit on 8th December, 2010 and at the rate of Rs. 33,000/ - per month w.e.f. 8th December, 2010 till 7th December, 2013 and at the rate of Rs. 36,300/ - per month w.e.f. 8th December, 2013 till the date of vacation.

(2.) The appeal came up before this Court for admission on 20th February, 2015 when the contention of the counsel for the appellant was that since the appellant had entered into an agreement to purchase from the respondent / landlord the property in its tenancy and had also paid advance consideration, the appellant was not liable to vacate the premises. This Court however in the order dated 20th February, 2015 observing that the appellant had not filed a suit for specific performance of the agreement to sell and had also not raised a counter -claim in this regard in the suit for ejectment and that the period of limitation for claiming specific performance appeared to have lapsed, suggested that it would be fair and reasonable for the appellant to hand over vacant and peaceful possession of the premises, without prejudice to the appellant's right to file a suit for specific performance, if not already barred by limitation. On request of the counsel for the appellant, the matter was adjourned.

(3.) Though notice of the appeal had not been issued but thereafter, since 4th March, 2015, the counsel for the respondent has been appearing and efforts for amicable resolution, though were made but failed.