SHAKUNTALA DEVI Vs. SEVEN STAR ELECTIRCALS (P) LTD.

JUDGEMENT

(1.) THE plaintiffs, in this suit for ejectment of tenant after determination of tenancy and for mesne profits, seek a decree for ejectment on admissions.

(2.) THE plaintiffs No. 1 and 2 claim to be owners of 195.55 sq yds each of a plot of land admeasuring 391 sq yds situated in village Jhilmil Tahirpur, G.T. Road, Dilshad Garden, Delhi vide separate sale deeds executed in their favour by Defendants No 2 and 3 respectively. The plaintiffs claim that the Defendant No. 1 was a tenant under them in the property built on the entire plot of land admeasuring 391 sq yds as one, at a rent of Rs. 90,000/ - per month payable in equal amounts of Rs. 45,000/ - to each of the plaintiffs. The plaintiffs claim that the said tenancy of the Defendant No. 1 was for a limited term from 11th July, 2005 to 31st March, 2006 under separate Rent Agreements executed by Defendant No. 1 with each of the plaintiffs. The plaintiffs also claim to have, by way of abundant caution, determined the said tenancy by a notice dated 1st December, 2007 (on behalf of both plaintiffs) and the present suit was filed on or about 8th January, 2008.

(3.) THE plaintiffs besides the present application filed IA. No. 3705/2008 under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the counter claim, inter alia, on the ground that the counter claim on behalf of the Defendants No. 2 and 3 was not maintainable inasmuch as the documents dated 15th July, 2005 with respect to which declaration was sought and the letters dated 9th April, 2007 with respect to which mandatory injunction and specific performance was claimed were of the Defendant No. 1 and not of the Defendants No. 2 and 3 and as such the Defendants No. 2 and 3 could not maintain a counter claim with respect thereto. During the hearing of the said application, held on the same day as of this application, the counsel for the Defendants stated that the counter claim may be treated as on behalf of the Defendant No. 1 also and the pleadings made in the counter claim be read as made on behalf of the Defendants.