Bharati Sapru, J. - (1.) HEARD Sri Manish Goyal learned Counsel appearing on behalf of the petitioner and Sri R.N. Singh, learned senior Counsel assisted by Sri Anil Kumar Aditya, learned Counsel for the respondent.
(2.) THIS writ petition has been filed under Article 226 of the Constitution of India seeking writ of certiorari calling for the records of the case and quashing the judgment and order dated 2.7.2008 passed by the Addl. District Judge, Allahabad in MCA No. 39 of 2008 (Satyendra Chaturvedi v. Small Scale Industries Research and Development Organisation). The second prayer is also for a writ of certiorari to quash the judgment and order dated 30.1.2008 passed by the Civil Judge (Senior Division), Allahabad on the application paper No. 6 -C in the Original Suit No. 1300 of 2007. The third prayer is for a writ of prohibition restraining the respondent from causing interference in the running of the unit of the petitioner on shed No. 3 Plot No. B -4, SIRDO Campus, Industrial Area P.O. T.S.L. Naini, Allahabad and the last is the residuary prayer seeking appropriate direction which the Court may deem fit and proper according to the circumstances of the case. The facts of the case are that the petitioner had entered into an agreement of lease with the respondent with regard to Nursery shed No. 3, plot No. B -4, SIRDO Campus, Industrial Area P.O. T.S.L. Naini, Allahabad (hereinafter referred to as the premises). The shed belongs to the respondent, which has several sheds and which it gives out to entrepreneurs to set up research projects. A copy of the lease deed dated 16.1.1993 has been filed by way of a supplementary affidavit.
(3.) THE lease with regard to the premises is admitted to both sides. The lease was made between the two parties, initially for a period of 11 months started from 16.10.1993 for a sum of Rs. 600/ - per month along with taxes and other charges. Under the terms of the lease as stated earlier, the lease was for a period of 11 months initially, which could be extended but not in any case for more than 33 months from its commencement i.e. 16.10.1993. Clause 5 of the lease is reproduced below:;