BEANT SINGH Vs. COMPACK ENTERPRISES INDIA (P) LTD.

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India impugns the order of the trial court/Additional District Judge dated19.9.2012 by which the trial court dismissed the application of the petitioner/plaintiff under Order XII Rule 6 of Code of Civil Procedure, 1908 (CPC) .

(2.) BY the application under Order XII Rule 6 CPC, petitioner/plaintiff prayed that the suit for recovery of possession of the tenanted/licenced premises being ground floor of the property bearing no. B - 60, G.T. Karnal Road, Industrial Area, Delhi -110033 be decreed.

(3.) THE case of the petitioner/plaintiff in the plaint was that the suit premises were licenced to the respondent/defendant in terms of the agreement dated 1.4.2006 at a licence fee of Rs.33,900/ - per month. In the written statement, the respondent/defendant only took up a case that there was no licence but there was a tenancy in favour of the respondent/defendant. The monthly charges of Rs.33,900/ - with respect to the suit premises were admitted. Execution of the agreement dated 1.4.2006 was admitted but it was stated that signatures were taken from the defendant -company in good faith without reading of the same inasmuch as Director of the plaintiff claimed that the same was required for filing in some Government record. Respondent/defendant in the written statement also pleaded the defence of Section 53A of the Transfer of Property Act, 1882 on the ground that there was a receipt -cum -agreement to sell in favour of one Sh. Ajay Gosain whereby the suit property was to be sold by the plaintiff to one Sh. Ajay Gosain for a sum of Rs.4 crores and a sum of Rs.40 lacs was paid to the plaintiff. A receipt -cum -agreement dated 11.6.2008 was stated to be executed in favour of the said Sh. Ajay Gosain and who is said to have subsequently further paid an amount of Rs.25 lacs. The suit for specific performance filed by Sh. Ajay Gosain with respect to the suit property was said to be pending. The defendant -company is the close knit company of the family of Sh. Ajay Gosain.