NARINDER PAL Vs. SURINDERJIT SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for quashing/setting aside order dated 12.1.2011, Annexure P1, passed by learned Civil Judge, Junior Division, Amritsar, vide which application filed by respondents-plaintiffs under Order XV Rule 5 of the Code of Civil Procedure (hereinafter to be referred as 'the Code') was accepted and defence of petitioner-defendant was ordered to be struck off.

(2.) I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial Court.

(3.) Facts relevant for the decision of present revision petition are that the present suit has been filed by respondents-plaintiffs for possession of the land in dispute as well as for recovery of Rs. 25,500/-, as the amount, for use and occupation of the disputed land/premises, with interest @ 24% on the plea that the premises was given on lease to petitioner-defendant for a period of ten years @ Rs. 17,000/- per annum, vide lease deed dated 19.12.1992 and the said lease deed expired on 4.6.2002 and, however, after expiry of lease period, possession was not handed over to respondents Civil plaintiffs, hence, it is contended that petitioner-defendant is in illegal possession of the land in dispute since 4.6.2002, whereas case of petitioner defendant is that as per terms and conditions of the lease deed, the defendant could retain the possession on fresh terms and conditions and that he is having right to get the lease deed renewed and, hence, he filed counterclaim claiming relief of the specific performance of the lease deed dated 19.12.1992 seeking issuance of direction to respondents-plaintiffs to get the lease deed renewed for a further period of ten years, i.e., 4.6.2002 to 3.6.2012 and, hence, it was pleaded that as lease deed has not been determined so far, defendant is entitled to retain the possession and his status is not that of tress-passer and he is in possession as lessee only.