ANITA DEVI Vs. SUKUMAR YADAV

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is directed against an order dated 21.02.2018, by which the petitioner's application under Order XV-A of the Code of Civil Procedure, 1908 ["CPC"] has been dismissed.

(2.) The petitioner is the plaintiff in Suit No.12851/2016 pending before the Senior Civil Judge-04 (West), Delhi. She filed the suit against the defendant for possession of the suit property [Ground Floor, WZ-514, New Municipal No.C-99, measuring 40 sq. yds. (approximately), part of Khasra No.1575, situated in the old Lal Dora of Village Tihar, New Delhi-110018]. She also claimed a decree in the sum of Rs.1,12,000/- towards arrears of rent from April, 2015 to July, 2016 as well as an injunction restraining the respondent from subletting, assigning or parting with the possession of the suit premises.

(3.) The case set up in the plaint is that the plaintiff let out the suit property to the defendant w.e.f. 01.05.2013 at the monthly rent of Rs.7,000/- for a period of five years, and an agreement was executed to this effect on 17.06.2013. It is contended that the defendant did not pay rent after March, 2015, and that the plaintiff terminated the tenancy by a notice dated 20.06.2016.