RAJIV SAHAI ENDLAW, J. 1. This petition under Article 227 of the Constitution of India has been preferred by the defendant in a suit pending before the Court of Additional District Judge, aggrieved from the order dated 14th May, 2007 dismissing the application of the petitioner/defendant under Section 10 of the CPC.

2. The respondents/plaintiffs sued the petitioner/defendant for ejectment and for recovery of mesne profits / damages for use and occupation. It is the case of the respondents/plaintiffs that the petitioner/defendant was a tenant under the respondents/plaintiffs with respect to premises at N-246, Greater Kailash, Part-I, New

Delhi at a rent of Rs.4,000/- per month; that the tenancy of the petitioner/defendant has been determined; that he has failed to vacate the premises.

3. The petitioner/defendant does not dispute that he was a tenant under the respondents/plaintiffs at a rate of Rs.4,000/- per month. He applied under Section 10 of the CPC contending that he had prior to the institution of the suit for ejectment against him instituted a suit in this Court being CS(OS) No.1018/2004 against the respondents/plaintiffs for specific performance of agreemen