RAJESH ANAND Vs. RAHUL WADHWANI

JUDGEMENT

(1.) The Plaintiff/Petitioner (hereinafter, "Plaintiff") is aggrieved by the impugned order dated 1st June, 2018, by which the ld. ADJ has dismissed the application under Order XV-A CPC.

(2.) The case of the Plaintiff is that he is the owner of shop bearing No.6 (private No.6A), adjoining Shop No.5, Central Market, Lajpat Nagar, New Delhi - 110024 (hereinafter, "suit property"). The Plaintiff claims to have purchased the suit property from one Ms. Pushpa Kapoor vide registered sale deed dated 7th September, 2015. A copy of the registered sale deed has been placed on record. In clause 2 of the said sale deed, the earlier owner had informed the Plaintiff that the suit property was under the tenancy of Respondent No.1/Defendant No.1 - Mr. Rahul Wadhwani (hereinafter, "Defendant No.1"). As per this clause in the sale deed, the tenant was paying a monthly rent of Rs.1,50,000/- and the right to recover the same was vested in the Plaintiff. Accordingly, the Plaintiff filed a suit for possession and recovery of arrears of rent with interest, mesne profits and permanent injunction.

(3.) After completion of the pleadings in the suit, the following issues were framed: