I am the current director of the Pvt. Ltd. Company, having a commercial plot in South Delhi on lease hold rights, area of roughly 11,000 sq. ft. total in 5 floors (basement, ground, first, second, third with roof). The perpetual lease was granted by DDA in the favor of the Pvt. Ltd. Company (plaintiff) in the year 1981. Tenant is also a Pvt. Ltd. Company (defendant). Tenant has taken the entire building on rent from the plaintiff in the year 1978 (approx). The rent agreement was with the firm* and the defendant on Rs. 5/- stamp paper un-registered rent agreement. The agreement was specific that for the first five years the rent will be 23,000/- per month and after the completion of 5 years the rent will enhanced to Rs. 25,300/- for the next five years. After completion of entire tenancy period the tenant was bound to hand over the possession to the plaintiff / landlord. Tenant did not hand over the possession to the plaintiff / landlord besides that they managed to get the perpetual lease cancelled from the DDA. DDA has cancelled the perpetual lease on the basis of the misuse of the property. The plaintiff / landlord filed another case to stop DDA to re-enter in the said property and stay order confirmed. The entire property is under possession of the tenant. Till date the tenant / defendant is depositing Rs. 25,300/- in the court. The case for possession was filed in the year 1988 by Grandfather (who passed away in 1993) then father was looking after the said cases (who also expired in 2011) till date the cases are pending in Tis Hazari Courts.
1. Whether the plaintiff can file any application in which the court has power to order the tenant / defendant to deposit the current rent of the premises?
2. If yes, under which rule / section?
3. What is the best remedy to get the possession back from the tenant / defendant?
*This particular firm converted into pvt. ltd. co (plaintiff) which acquired all the rights of the firm.
