Delhi High Court
Gajinder Yadav vs M/S Subhiksha Trading Services ... on 4 February, 2011
Author: Sunil Gaur
* HIGH COURT OF DELHI : NEW DELHI
Judgment reserved on: January 20, 2011
Judgment pronounced on: February 04, 2011
+ C.S. (OS) No. 2004/2009
% Gajinder Yadav ... Plaintiff
Through: Mr. Rajesh Yadav &
Ms. Ruchira, Advocates.
versus
M/S Subhiksha Trading Services Limited ... Defendant
Through: None.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
1. Whether the Reporters of local
papers may be allowed to see the
judgment?
2. To be referred to Reporter or not? No.
3. Whether the judgment should be
reported in the Digest?
SUNIL GAUR, J.
1. Recovery of possession of suit premises No.72 & 73, in Khasra
no.53, situated in Lal Dora of Village Nangli Poona, Delhi-36 as delineated
in red colour in the site plan annexed to the plaint, from the Defendant is
sought as the lease of the suit premises stood determined by efflux of time
on 14th November 2008. As per the unregistered Lease Agreement of 4th
November 2005, the monthly rental payable was Rs.1,78,000/- per month.
A supplemental Lease Agreement of 1st October 2007 was entered into
between the parties, regarding enhancement of Rs.26,000/- per month in
the existing rental with effect from 1st October 2007, that is to say, the total
C.S. (OS) No. 2004/2009 Page 1
rent of the suit premises thus became Rs.2,04,000/- per month with effect
from 1st October 2007 till 14th November 2008 in terms of the supplemental
Lease Agreement of 1st October 2007. Interest free security deposit of
Rs.7,12,000/- was also made by the Defendant which was to be refunded
upon vacation of the suit premises but subject to all adjustments.
Pertinently, electricity and water charges were not included in the aforesaid
rental. Though the tenancy/lease in question stood expired by efflux of
time on 14th November 2008, and despite notice, the Defendant did not
vacate the suit premises and was in arrears of rent with effect from
October 2008, till the filing of this suit. Therefore, arrears of rent of
Rs.28,15,200/- are also sought to be recovered from Defendant. Since the
possession of the suit premises has not been surrendered by the
Defendant to the Plaintiff, therefore, mesne profits with interest has been
also claimed in this suit.
2. It is evident from the order of 29th July 2010 that Defendant was
served through publication, but had not appeared in this matter, and was
accordingly set ex-parte on 30th August 2010. Even the notice was affixed
at the front door of the suit premises on 3rd September 2009, and the
photograph evidencing it has been placed on record.
3. In the ex-parte evidence, Plaintiff has deposed in support of the
aforesaid averments made in the plaint and has proved the site plan
(Ex.PW-1/1) of the suit premises; the Lease Agreement of 4th November
2005 (Ex. PW-1/2), supplemental Lease Agreement of 1st October 2007
(Ex. PW-1/3) in respect of the suit premises. Notice (Ex.PW-1/4) sent by
C.S. (OS) No. 2004/2009 Page 2
postal receipt (Ex.PW-1/5 & Ex.PW-1/6) was received back with the
remarks 'shifted'.
4. Upon hearing, learned counsel for the Plaintiff and on perusal of the
unrebutted evidence on record, I find that the Plaintiff is entitled not only to
the possession of the suit premises but even to the arrears of rent
amounting to Rs.28,15,200/- with interest @ 8% per annum from the date
of filing of this suit, till realization. Since the possession of the suit
premises has not been surrendered by the Defendant to the Plaintiff,
therefore, the Defendant is liable to pay the damages, which are granted at
the last payable rent of Rs.2,34,600/-per month, as per the Lease
Agreement of 4th November 2005, from the date of filing of the suit till
date. Plaintiff shall be entitled to the aforesaid amount after adjusting
Interest Free Security Deposit of Rs.7,12,000/- and upon payment of the
requisite Court fee on the recoverable damages.
5. Consequently, this suit for possession of suit premises, recovery of
arrears of rent and damages is decreed with costs against the Defendant
in the aforesaid terms. Decree sheet be drawn forthwith.
6. This suit is accordingly disposed of.
Sunil Gaur, J.
February 04, 2011
pkb
C.S. (OS) No. 2004/2009 Page 3
