G.S.SISTANI - (1.) THIS an application under Order 12 Rule 6 CPC filed by the plaintiff. The necessary facts to be noticed for disposal of this application are that initially six plaintiffs had instituted the present suit for possession, recovery of arrears of rent and damages. The plaintiffs claim themselves to be the owners of the property bearing No.22 Rajpura Road, Civil Lines, New Delhi, which was purchased by them by means of a perpetual lease deed dated 31.05.1973. The defendant was a tenant before the property was purchased by the plaintiffs. The last paid rent was Rs.10,995/-. After purchase of the suit property vide letter dated 12.09.1973 the plaintiffs informed the defendant that rent of the property be paid to plaintiff no.1, who had the authority on behalf of the other plaintiffs to accept the rent. The defendant has been paying rent prior to termination of the lease in favour of the plaintiffs. The plaintiffs also brought it to the notice of the defendants that some unauthorized constructions have been carried out by them, despite the objections being raised by plaintiffs. By a legal notice dated 01.04.1991 sent by registered AD post and also under certificate of posting, tenancy of the defendant was terminated. By another notice of 25.10.1991 the defendant was informed that the cheque for Rs.54,975/- was not being encashed, as the tenancy of the defendant had been terminated. As the possession was not handed over, the present suit was filed.
(2.) IN the year 1994 the plaintiff had filed a similar application under Order 12 Rule 6 CPC, however, the same was withdrawn on 20.07.2005, when the following order was passed: "IA.No.11872/1994 in CS(OS)1544/1992 This application which was being pressed under Order XII Rule 6 read with Section 151 CPC in relation to the relief of possession alone is permitted to be withdrawn with liberty to file the same in the event the Suit is not disposed of in terms of the order passed today. Accordingly, the application stands disposed of as withdrawn. CS(OS) 1544/1992 Additional documents/original documents, if any, be filed within 10 days from today. List this Suit for admission/denial of documents before the Joint Registrar on 8th August, 2005 on which date the parties shall admit or deny the documents. IN the event any party fails to complete the admission/denial of documents on that date or any other date given by the Joint Registrar, adverse inference by the Court shall be drawn against the defaulter. List this case for framing of issues before Court on 16th August, 2005. The parties shall file their list of witnesses within one week from today and summon the witnesses before the Joint Registrar on the date already fixed. On that date there shall be scrutiny of witnesses before the Joint Registrar. Parties are at liberty to take dasti summons and summon their witnesses for 29th August, 2005 before the Court. The admitted rent in terms of the order of the Court dated 7th May, 2003, if not paid, should be paid within one week from today. Copy of the order be given dasti to the Counsel for the parties under the signature of Court Master." As there was not much progress in the suit, the present application was filed by the plaintiff, which has also remained pending. No reply has been filed by the defendant.
(3.) LEARNED senior counsel for the defendant submits that the reply filed to the earlier application (IA.No.11872/1994 under Order 12 Rule 6 CPC) be treated as a reply to the present application as well.;