1. Vide Ex.DW-1/1, on 13.12.1977, Delhi State Industrial Development Corporation (DSIDC for short) allotted under a lease-hold tenure an industrial shed bearing No.22, Okhla Industrial Complex, Phase II, New Delhi to the respondent. On 27.8.1990, vide Ex.DW-1/2, respondent executed a license deed in favour of the appellant permitting the appellant to use the shed except the first floor thereof at a monthly license fee of Rs.19,000/- for a period of 3 years with effect from 1.9.1990.

2. A sum of Rs.1,14,000/- was paid as advance license fee to be recovered @ Rs.4,750/- per month i.e. in 24 months. Another sum of Rs.1,14,000/- was paid as interest free security deposit, to be refunded when the licensed premises was vacated.

3. Two months’ license fee thereafter was paid by the appellant who ceased to pay any further license fee because DSIDC issued an eviction order against the respondent on 20.11.1990, Ex.DW-1/5. It was alleged therein that the lease money payable by the respondent to DSIDC had not been paid and that the respondent was liable to be evicted.

4. The appellant faced a threat of eviction. It filed a writ petition registered as W.P.(