MANMOHAN,J - (1.)PRESENT application has been filed by the plaintiff under Section 151 read with Order 12 Rule 6 CPC.
(2.)THE relevant facts of the present case are that plaintiff is the owner and landlord of the suit property bearing No. M-36, Connaught Circus, New Delhi admeasuring 3362 sq. ft. approx. consisting of ground floor and mezzanine.
A lease deed dated 11th May, 2001 was executed between the parties and registered on 15th May, 2001 at a monthly rent of Rs. 2,35,340.00 that means Rs. 70 per sq.ft. per month plus two-third share of property tax plus all taxes. The aforesaid lease was renewable for a further period of five years that means, w.e.f. 1st January, 2005 to 31st December, 2009, subject to increase of rent by 25%. The relevant terms of lease deed are reproduced hereinbelow:-

"NOW THIS INDENTURE OF LEASE WITNESSES AS FOLLOWS: 1. In consideration of the rent hereby reserved and the performance of the covenants on the part of the Lessee hereinafter contained, the Lessor does hereby demise upto the Lessee all that portion consisting of ground floor and mezzanine floor in shop No.M- 36, Connaught Circus, New Delhi admeasuring approximately 3362 square feet and other conveniences in the said portion AND TOGETHER ALSO WITH THE RIGHT for the Lessee, its servants, employees, visitors, customers and all other persons authorised by the Lessee (hereinafter for the sake of brevity referred to as ,,demised premises more particularly described and delineated in the site plan annexed to and forming part of this lease deed) TO HAVE AND TO HOLD the demised premises unto the Lessee from the 1st day of January 2000 for a period of 5 (five) years i.e. 01.01.2000 to 31.12.2004 subject to payment of rent @ Rs.2,35,340.00 (Rupees two lacs thirty five thousand three hundred and forty only) per month for the period from 01.01.2000 to 31.12.2004 with an option of renewal of the lease on enhancement of rent by 25% (twenty five per cent) for a further period of 5 (five years) i.e. 01.01.2005 to 31.12.2009, all other terms and conditions remaining the same. 4. THE LESSOR AND LESSEE BOTH MUTUALLY COVENANT AS FOLLOWS: c) The Lessor shall unconditionally renew the lease for a period of 5 (five) years from 01.01.2005 on the same terms and conditions except that the rent shall increase by 25%. The parties hereto shall execute fresh lease deed on renewal on the same terms and conditions.

(3.)BEFORE expiry of the aforesaid Lease Deed on 31st December, 2009, the plaintiff issued two notices dated 15th September, 2009 and 26th November, 2009 clearly expressing its intention of not willing to continue with the tenancy.