AKHILESH Vs. HARI

JUDGEMENT

(1.) Heard. Issue Rule returnable forthwith. The learned Counsel for Respondent waives service of Rule on behalf of the Respondent. With consent of the learned Counsel for the parties, the Petition is taken up for final hearing.

(2.) This Petition arises out of the rejection of application filed by the Petitioner under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short 'the Code') together with registration of the counter-claim without payment of Ad-veloram Court Fees.

(3.) The Petitioner/Original Plaintiff filed a suit against the Respondent/Original Defendant for specific performance of contract. The Respondent filed a written statement with counter-claim seeking declaration and possession of the suit property. The counter-claim is based on the premise that the Respondent was in financial crisis and required a sum of Rs.4,50,000.00 for repayment of loan due to the Bank. Accordingly, he requested the Petitioner to extend finance to pay loan amount. The Petitioner agreed to do so on the condition of Respondent providing the block of first floor of the suit property on leave and license basis for monthly license fees of Rs.10,000.00. This license fee was to be adjusted towards repayment of finance and upon full discharge, the Petitioner was to vacate the premises. According to Respondent, the finance of Rs.4,50,000.00 was fully adjusted on or about 15/4/2012, and therefore, the Petitioner ought to have vacated the suit premises. Having not done so, the Respondent sought declaration of the Petitioner being a trespasser and to restore possession.