DILEEP BALKRISHNA NEVATIA Vs. SUNITA DILEEP NEVATIA

JUDGEMENT

(1.) By this application, the Applicant (Defendant No. 2) is seeking judgment for dismissal of the suit on the basis of admissions. This application has been filed in peculiar facts and circumstances. In order to understand the background in which the present application has been filed, it would be appropriate to briefly refer to the facts of the present case.

(2.) The Plaintiff has filed the present suit under Sec. 6 of the Specific Relief Act (hereinafter refer to as the aforesaid Act) for restoration of possession of suit premises, which according to the Plaintiff, was forcibly and illegally taken from the Plaintiff by the Defendants. The Plaintiff has also sought ancillary reliefs, including interim reliefs, which were also separately pressed on the basis of Notice of Motion filed in the suit.

(3.) In the plaint, the Plaintiff has referred to and relied upon a Leave and License Agreement dtd. 7/10/2017, whereby the Plaintiff was inducted as a licensee from 21/3/2018 to 20/3/2023, it being referred to as the license period. The Plaintiff was inducted as licensee for running a restaurant and bar in the suit premises. It is the case of the Plaintiff that it spent about Rs.2.5 Crores in renovating the suit premises for the purposes of restaurant and bar and while it was in the process of completing the renovation work, it was wrongfully dispossessed, as the Defendants withheld the keys of the premises from the Plaintiff from 23/10/2018 onwards. The suit was admittedly filed within the period of limitation of six months and when the notice of motion for interim reliefs was pressed, an ad-interim order dtd. 15/11/2019 was passed restraining the Defendants from creating third party rights in the suit property. The said ad-interim order has remained in operation.