M.B. PAREEKH Vs. K. M. SARDA

JUDGEMENT

(1.) This case arises out of an application filed under Sec. 115 read with Sec. 151 of the Civil Procedure Code.

(2.) The fact of the case is that the plaintiff filed a Civil Suit No. 13 of 1985 before the Court of Additional District Judge, East Sikkim (As the Court was so designated at that time). Later it was registered as Civil Suit No. 40 of 90. The suit was for declaration of relationship of lesser and lessee between the parties and for recovery of money towards arrear lease fees and other compensations. The contesting Respondent No. 1 was the plaintiff and the petitioner before was the Defendant No. 4 in the aforesaid suit.

(3.) In the plaint the plaintiff contended that the property mentioned in the schedule of the plaint was let out to the defendants under a lease agreement for twenty one years from 1-10-1982. Huge expenditures were made by the Plaintiff to make the property arranged in the manner as requisitioned by the Defendants on spending huge amount. It has been alleged that in 1983 the defendants left the place without getting the lease terminated, long before the expiry of the lease period. Hence, the plaintiff had to file the suit for arrears of rents, recovery of the amount which he had spent towards construction as requisitioned by the defendants. Damages have also been claimed.