ORDER

Petitioner who is the plaintiff before the trial Court has filed the writ petition seeking for quashing the order dated 08.08.2022 passed by the Commercial Court at Annexure-A whereby the judgment has been passed on preliminary issues and suit has been dismissed.

2. Amongst the issues framed, issue Nos. 1 and 3 were tried as preliminary issues. The said issues are as follows:

"1. Whether the plaintiff proves that the tenancy of the defendant in respect of the schedule property has been lawfully terminated?

2. Whether the suit is premature?"

3. The facts that are made out is that the suit was filed by the plaintiff seeking for an order of ejection directing the defendants to quit, vacate, deliver and handover vacant physical possession of the schedule property. The plaintiff had also sought for arrears of rent, GST, interest on arrears of rent due apart from mesne profits.

4. The Court took note of the contentions in the written statement and sought to hear and try issue Nos. 1 and 3 as preliminary issues. The defendant had contended that notice dated 13.09.2021 terminating the tenancy with effect from 13.09.2021 and seeking for possession of the schedule property on or before 12.0