ORISSA INDUSTRIES LIMITED Vs. HARDAYAL AND SONS HUF

JUDGEMENT

(1.) Since the learned counsel for the respondents/caveators has put in appearance on behalf of the respondents/caveators, Caveat No. 52/2001 is accordingly rendered as infructuous. Dismissed as such.

(2.) This is a revision petition, filed against the impugned Order dated 3/02/2001, dismissing the application for amendment, sought by the petitioner defendant.

(3.) The original suit was filed by the plaintiffs/respondents and sought recovery of possession of the suit premises situated in Chuna Mandi, Phar Ganj, New Delhi. The plaint averred as follows: (A) that the last paid rend of the premises was Rs. 4,000. 00 per month; (B) that the monthly tenancy was terminated by a notice dated 14. 11. 96 and since no reply was received, another notice terminating the tenancy was sent on 26. 11. 96 by the plaintiff's counsel Sanjeev Sharma terminating the tenancy with effect from 31/12/1996. The said notice of 26. 11. 96 was controverted by the petitioner's counsel by reply dated 7. 12. 96. (These were the averments in Para 5 of the plaint) (C) that since the notice was not complied with the suit for possession was filed as the Delhi Rent Act was inapplicable as the rent was beyond Rs. 3,500. 00 per month, with a claim of mesene profits and damages at the rate of Rs. 30,000. 00 per month.