+ CM(M) 1070/2013 & CM No.15803/2013
SHRI KASTURI LAL MEHRA ..... Petitioner Through Mr.Rajat Aneja, Adv. with
Mr.Ishaan Chhaya, Adv.
versus
M/S NARSHI PHARMACEUTICAL & SURGICAL (P) LTD
..... Respondent
Through Mr.Narsingh Narain Rai, Adv. with
Mr.B.K. Jha, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J.
1. The petitioner by way of the present petition under Article 227 of the Constitution of India has assailed the order dated 19 th September 2013 whereby the application filed by the petitioner under Order XII, Rule 6 read with Section 151 CPC was dismissed.
2. Brief facts for the purpose of adjudication of the present petition are that the petitioner had filed a suit for possession and damages/mesne profits against the respondent in respect of the property bearing No. 9615, Gali No.12, measuring about 26.72 sq. yards, situated at Sadar Thana Road, Pahar Ganj, New Delhi- 110055 (hereinafter referred to as the "suit property").
3. It is the case of the petitioner that the suit property was let out to the respondent at a monthly rent of `8,500/- exclusive of all other charges for a
CM (M) No.1070/2013 Page 1 of 9 period of five years with effect from 25th June, 2007 to 25th May, 2012 on the basis of a duly registered lease deed d