Dentedge Healthcare Pvt. Ltd. vs V. C. Jain

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4722

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Dentedge Healthcare Pvt. Ltd. – Appellant
Versus
V. C. Jain – Respondent

Advocates appeared:
Mr. Vishal Chaudhary and Mr. Vivek Jha, Advocates, for the Appellant.
Mr. Sekhar Dasi, Mr. S.K. Gupta and Mr. Ayush Dasi, Advocates, for the Respondent.

JUDGMENT

V. Kameswar Rao, J. (Oral)--This appeal has been filed by the appellants challenging the order dated September 6, 2022 of the District Judge (Commercial Court)-03, Patiala House Courts, New Delhi in CS (COMM) No. 133/2022 whereby the learned District Judge has decided the application filed by the appellants herein under Order VII Rule 11 CPC and by the respondent herein under Order XII Rule 16 read with Order XV(A) CPC.

2. The suit has been filed by the respondent herein for possession of flat bearing No. 8/78, First Floor, Janpath, New Delhi and recovery of damages etc. against the appellants herein. The case of the respondent before the learned District Judge is that he is the owner of the above flat and the same was let out to the appellants on August 1, 2016 on monthly rent of Rs.31,000/- exclusive of water, maintenance and other charges vide lease deed dated August 12, 2016. Initially, the flat was let out to appellant No.2 vide lease deed dated May 17, 2016. The appellant No.2 vide her letter dated June 20, 2016 expressed her inability to continue with the tenancy and on her request, the tenancy was changed in the name of the appellant No.1 with the lease deed signed