Manmohan, J.

I.A. 10162/2012 IN CS(OS) 398/2010

1. Present application has been filed by the plaintiff under Section 151 read with Order 12 Rule 6 CPC.

2. The relevant facts of the present case are that plaintiff is the owner and landlord of the suit property bearing No. M-36, Connaught Circus, New Delhi admeasuring 3362 sq. ft. approx. consisting of ground floor and mezzanine.

3. A lease deed dated 11th May, 2001 was executed between the parties and registered on 15th May, 2001 at a monthly rent of Rs. 2,35,340/- that means Rs. 70 per sq.ft. per month plus two-third share of property tax plus all taxes. The aforesaid lease was renewable for a further period of five years that means, w.e.f. 1st January, 2005 to 31st December, 2009, subject to increase of rent by 25%. The relevant terms of lease deed are reproduced hereinbelow:-

“NOW THIS INDENTURE OF LEASE WITNESSES AS FOLLOWS:

1. In consideration of the rent hereby reserved and the performance of the covenants on the part of the Lessee hereinafter contained, the Lessor does hereby demise upto the Lessee all that portion consisting of ground floor and mezzanine floor in shop No.M-36, Connaught Circus, New Delhi admeasurin