JUDGMENT :

Prathiba M. Singh, J.

The present petition has been filed challenging the impugned order dated 27 th October, 2017 by which the application filed by the Plaintiff under Order XII CPC Rule 6 was dismissed by the Trial Court.

2. The brief background is that the Plaintiff/Petitioner (hereinafter Plaintiff) filed a suit for possession, mesne profits/damages against the Defendant in respect of the first floor of property bearing No. 10 F-10/18, Model Town-II, Delhi-110007. The case of the Plaintiff is that the Defendant was inducted as a tenant into the suit property vide lease deed dated 2nd December, 2009. The monthly rent initially was Rs. 28,000/- per month. The rent amount was increased by 10% up to 30th September, 2011. Since the Defendant did not vacate the suit property, the Plaintiff issued a legal notice on 20 th September, 2012. Finally, vide notice dated 11th February, 2015, the tenancy was terminated and the Defendant was called upon to vacate the property by 28th February, 2015. The Defendant did not vacate the property.

3. The Plaintiff then filed a suit before the ld. Trial Court seeking the following relief’s:-

"(i) a decree of possession in respect of the suit property,

(ii) a decree for a sum of Rs. 25,000/- on account of arrears of damages / mesne profits for the month of April 2015.

(iii) a decree for recovery of damages / mesne profits for use and occupation charges for the suit premises from 01.05.2015 till the date of recovery of the possession of the suit premises from the defendant @Rs.60,000/- p.m. or at such higher amount as this Hon'ble Court may deem fit and proper,

(iv) May further pleased to grant the pendente lite and future interest @18% p.a. on the damages / mesne profits,

(v) any other further reliefs which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice."

4. The Defendant, in his written statement, admitted that he came into possession of the property as a tenant in October, 2011. However, the Defendant set up a case of an oral agreement to sell entered into with the Plaintiff for purchase of the property. The plea of the Defendant in paragraph 4 of the written statement read as under:-

"4. It is stated that initially the defendant came into the possession of the suit premises as tenant however somewhere in the month of October, 2011 the plaintiff and her husband evinced an idea to sell the property and disclosed their desire to the defendant. As the defendant was having complete faith over the plaintiff, therefore the defendant paid an amount of Rs. 1 lakh to the plaintiff as bayana amount. For the payment of remaining amount it was mutually discussed and accepted that after the delivery of copy of the paper, the defendant will apply for a loan with a financial bank and the substantial amount would be paid through the bank. It is relevant to mention here that subsequently thereafter on several occasion in terms of the instruction and desire of the plaintiff and her husband the defendant has paid an amount of Rs. 32,00,000/- as cash to the plaintiff and her husband as part consideration amount in respect to the suit property. It is further relevant to mention here that apart from the cash amount the plaintiff has also paid various amount in the form of account payee cheque."

5. On the basis of the abovementioned plea, the Defendant resists the suit for possession. The Defendant has also filed a suit seeking specific performance against the Plaintiff and the said suit is also pending between the parties. On 28th October, 2015, the following issues were framed by the Court:-

"1. Whether there is any relationship of landlord and tenant between the parties? OPD

2. Whether the plaintiff is entitled for a decree of possession of suit property bearing no. (First Floor) F10/18, Model Town-II, Delhi-110007 against the defendant? OPP

3. Whether plaintiff is entitled for a decree of sum of Rs. 25,000/- on account of arrears of damages/mesne profi