JUDGMENT (Oral)

1. This petition, under Article 227 of the Constitution of India, challenges an order dated 29th October 2021, passed by the learned Civil Judge in CS 2020/2018, (Vijay Kumar Jain v. Suresh Kumar Jain), whereby an application, by the petitioner as the plaintiff in the suit, under Order XII Rule 6 of the CPC, has been dismissed.

2. According to the case set up by the petitioner in the plaint, the property at 4754, Ahata Kidara, Pahari Dhiraj, Delhi 110006 ("the tenanted premises") owned by the petitioner, was let out to the respondent, under a tenancy agreement dated 31st August 2017 for a period of 11 months w.e.f. 1st September 2017 at a rent of Rs.7,500/- per month excluding electricity and water charges.

3. Alleging that the respondent had defaulted in payment of rent to the petitioner since October 2017, which resulted in the petitioner terminating the tenancy vide a legal notice dated 10th May 2018, and further alleging that, despite having been called upon in that regard, the respondent did not vacate the tenanted premises, the petitioner filed CS 202/2018, seeking a decree of possession in favour of the petitioner and against the respondent as well as a