- (1.)The plaintiff has filed this suit, pleading (insofar as relevant for the present purpose):
(i) that he purchased the First Floor together with constructed portion above the First Floor of property No.8, Shaheed Bhagat Singh Marg, Gole Market, New Delhi from the defendant No.2 M/s AJS Builders Pvt. Ltd. for a consideration of Rs.2,25,00,000/- vide registered Sale Deed dated 15.12.2009;

(ii) that at the time of the said sale, the constructed portion above the First Floor (i.e. on the Second Floor) of the property was in the possession of the defendant No.1, as a tenant on a monthly rent of Rs.1,10,000/-, and the plaintiff was accordingly handed over constructive / symbolic possession thereafter;

(iii) that though the defendant No.1 paid rent to the plaintiff for a period of two months but stopped paying rent thereafter;

(iv) that shortly after the sale, the staff of the defendant No.2 started operating from the said tenanted portion;

(v) that the plaintiff vide notice dated 14.05.2011 terminated the tenancy of the defendant No.1 with effect from 15.07.2011 and also demanded arrears of rent etc.

The plaintiff has thus sued for:

(I) recovery of arrears of rent of Rs.17,60,000/-;

(II) recovery of possession of the tenanted premises:

(III) recovery of pendente lite and future mesne profits with interest;

(IV) injunction restraining the defendants from parting with possession of the tenanted portion;

(2.)Summons of the suit and notice of the application for interim relief were issued and vide ex parte ad-interim order dated 22.12.2011 the parties were directed to maintain status quo with respect to title and possession of the tenanted portion. A Local Commissioner was also appointed to, after giving notice to the defendants, visit the property and to report as to who is in possession of the First and Second Floors of the aforesaid property.
(3.)Report dated 02.01.2012 has been filed by the Local Commissioner to the effect that the First Floor is in possession of the plaintiff and one hall on the Second Floor is in possession of the defendants and the two small rooms and the open terrace are in possession of the plaintiff.