ROHIT TYAGI Vs. UMAWATI SOOD AND ORS.

JUDGEMENT

(1.) This appeal is directed against two orders of 14.05.2015 - the first (made in O.A. 195/2015) dismissed a Chamber Appeal by the appellant who was arrayed as defendant in CS(OS) 3325/2014. The appellant was aggrieved by an order which foreclosed his right to file written statement. The learned Single Judge rejected his appeal and upheld the order of the Joint Registrar.

(2.) The second order was made by the learned Single Judge in CS(OS) 3325/2014 whereby the power under Order 8, Rule 10 CPC was invoked and the respondents' (referred to hereafter as "the plaintiffs") suit for possession was decreed. Learned Single Judge relegated the parties for an enquiry into the issue of mesne profits and mandatory injunction.

(3.) The undisputed facts are that CS(OS) 3325/2014 was filed for possession, mandatory injunction and mesne profits. The plaintiffs were coowners of property, being M-16, Greater Kailash Part-I, M-Block, New Delhi, measuring about 3000 square feet (hereafter referred to as "the suit property"). The suit alleges that the property is originally purchased by late Sh. Suresh Chandra Sood [hereafter referred to as "Sh. S.C. Sood"] by registered sale deed dated 16.09.1960 and that pursuant to final decree in a partition suit, the suit property was divided equally amongst the sons of late Sh. Suresh Chandra Sood and subsequently the portion owned by Sh. A.C. Sood was given in a family settlement of 27.06.2001 to Sh. S.C. Sood, the elder brother except to the extent of mezzanine floor room and open courtyard in front thereto. The plaintiff inherited - by testamentary disposition and Will dated 02.12.1997 all properties owned by the said Sh. S.C. Sood (who was her husband) along with his two sons. The plaintiffs the stated owners of the property, on 21.08.2009 entered into a lease deed with the appellant, in respect of second and third floors except one room at the entrance/stilt level of the second floor) for monthly lease rental of Rs. 1,50,000/- for the period 15.10.2009 to 14.01.2010. The rent was to be increased to Rs. 1,80,000/- from 15.01.2010 onwards. The payment was to be made in advance on or before the seventh of each English calendar month. The parties agreed that the lease dated 21.08.2009 was for a total period of nine years (including the initial period of three years starting from 15.10.2009 to 14.10.2012 and renewable thereafter for two terms of three years each subject to enhancement of lease rent @ 15% on the last paid rent). The lease deed was also required to be registered. The terms of the agreement further stipulated that in the event of default of rent for a continuous period of 45 days, the lessors, i.e. the plaintiffs were entitled to terminate the arrangement.