- (1.)This application is filed by the applicants/respondents No. 1 and 2 seeking review of the order dated 27.09.2012.
(2.)Respondents No. 1 and 2 herein filed a suit being CS (OS) 252/2011 in the court of Additional District Judge-04, South District, Saket Courts against the petitioner herein i.e. Shakti Gupta (Defendant No.2) and respondent No. 3 herein i.e. M/s. VXL Lodging N Boarding Services Pvt. Ltd. (Defendant No.1) seeking possession of the suit premises i.e. S-60, Ground Floor, Greater Kailash, Part II, New Delhi.
(3.)In the said suit, the plaintiffs (respondents No. 1 and 2 herein) filed an application under Order XVA Rule 1 CPC dated 29.02.2012, seeking deposit of Rs. 2,12,000/- per month by the defendants therein, being the mesne profits/damages/charges for use and occupation of the suit premises. The said application was allowed by the learned ADJ vide his order dated 05.07.2012, with the direction to the petitioner herein (defendant No. 2) to pay a sum of Rs. 62,000/- per month as per the lease agreement dated 04.04.2011 from the month of September, 2011 and continue to pay the same on month to month basis by 10th day of each English calendar month. The petitioner getting aggrieved of the said order challenged the same before this court vide CM(M) 957/2012. Vide order dated 27.09.2012 passed by this court in the said petition, the matter was remanded back to the Trial Court with some observations. In the said order, it is recorded that the grievance of the petitioner i.e. the defendant No. 2 in the suit, is that he is not an unauthorized occupant of the suit premises, but is occupying the same with the authority of defendant No. 1 M/s. VXL Lodging N Boarding Services Private Limited (respondent No. 3 herein), and that he has been paying the rent @ 9500/- per month to defendant No. 1 M/s. VXL Lodging N Boarding Services Private Ltd. It was further observed in the said order that undisputedly, the suit premises was let out by the respondent No. 1 and 2 i.e. the plaintiffs in the suit to M/s. VXL Lodging N Boarding Services Pvt. Ltd. (defendant No. 1) by virtue of lease deed dated 04.04.2011. As per the petitioner (defendant No.2), he was inducted as tenant therein by defendant No. 1 M/s. VXL Lodging N Boarding Services Pvt. Ltd. Based on these observations and noting that there being no privity between the plaintiffs (respondents No. 1 and 2) and the petitioner, the liability, if any, of the petitioner (defendant No. 2 in suit) because of occupying the suit premises was joint and several with defendant No. 1 M/s. VXL Lodging N Boarding Services Pvt. Ltd. It was on this premise that the matter was remanded back to the Trial Court to decide the matter afresh keeping in view the observations made by this court.