JUDGMENT

Manoj Kumar Ohri, J.

1. The present appeal has been preferred under Order 43 Rule 1 CPC by the appellant/plaintiff against order dated 01.10.2022 passed by the learned Additional District Judge-11, Central District, Tis Hazari Courts, Delhi in CS DJ No. 10175/16.

2. The facts, in nutshell, are that the appellant had filed the underlying suit for possession, arrears of property tax, mesne profits etc. In the plaint, it was claimed that the respondent/defendant is a tenant of part of ground floor, entire first floor and part of second floor (barsati) in property bearing No. 2407-19, Hardhian Singh Road, Ajmal Khan Road, Karol Bagh, New Delhi-05. It was further claimed that initially, separate tenancies were created in the names of Dayal Chand and Gangra Ram (partners of defendant/respondent) however subsequently, a consolidated rent was paid by the present respondent/defendant.

It is a specific case of the appellant that the respondent/defendant has amalgamated the different tenancies and paid a consolidated rent of Rs.6,655/-.

3. Mr. K.K. Bhuchar, learned counsel for the appellant, submitted that the appellant had terminated the tenancy and the last consolidated rent of Rs