RATTAN MEHTA Vs. GAYATRI SHAH

JUDGEMENT

(1.) The present petition challenges the impugned order dated 1st August, 2019, by which the Plaintiffs'/Respondents' (hereinafter, "Plaintiffs") application under Order XI Rule 1 CPC has been allowed by the ld. ADJ.

(2.) The petition arises out of a suit for possession, mesne profits and damages in respect of a shop located in property bearing No.25-A, C-Block, Vasant Vihar Market (local shopping Centre-I), New Delhi (hereinafter, "suit property"), filed by Smt. Preeti Shah and Smt. Santosh Shah against various Defendants who are part of the same family and one M/s Mahima Caps (P) Ltd.

(3.) The case of the Plaintiffs is that initially the suit property was rented to the Petitioners/Defendants (hereinafter, "Defendants"), as per the lease deed dated 15th May, 1984 at Rs.1,500/- per month. However, an alleged sub-tenancy was entered into by the Defendants with M/s Mahima Caps (P) Ltd., vide agreement dated 15th July, 2004, under which the rent amount of Rs.1 lakh was to be paid as a minimum guaranteed profit/sale proceed. On the strength of this agreement, as well as the judgment of a ld. Division Bench of this Court in P.S. Jain Company Ltd. v. Aatma Ram Properties (P) Ltd, 1997 1 AD (DELHI) 454, a civil suit was preferred before the ld. Civil Court.