(1.) IN challenge in this petition under Article 227 of the Constitution of India is the order dated 26.09.2008 passed by Sh. Virender Bhat, ADJ, Delhi in Suit No. 260/2008 whereby the petitioner's application under Order 12 Rule 6 read with Section 151 CPC, for judgment on admission stated to have been made by the defendants, has been dismissed.
(2.) THE petitioners are the plaintiffs in the aforesaid suit. The respondents are defendants and are husband and wife and they are the sole proprietors of M/s. Saumye Trading Company and M/s. Saumye Sports respectively. The suit has been filed for recovery of possession, recovery of arrears of license fee, damages/mesne profits for the unauthorized and illegal use and occupation of the suit premises.
(3.) CLAUSE 1.3 of both these lease deeds reads as follows: