Delhi High Court
M/S. Ashoka Promoters (P) Ltd. vs Captain Virender And Anr. on 29 November, 2012
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) No.1611/2000
% November 29, 2012
M/S. ASHOKA PROMOTERS (P) LTD. ...... Plaintiff
Through: Mr. S.N.Gupta with
Mr. D.P.Gupta, Advs.
VERSUS
CAPTAIN VIRENDER AND ANR. ...... Defendants
Through: Mr. Baldev Malik with
Mr. Arjun Malik, Advs.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1.
The subject suit has been filed by the plaintiff/landlord for
recovery of mesne profits against the defendants, and essentially against the
defendant no.3 which is the Union of India through the Excise Department.
It is not disputed that defendant no.3 was the tenant and liability will be of it
to pay under the decree. The suit property is G-80, Preet Vihar, Delhi
comprising of basement, ground floor, mezzanine floor, first floor, second
floor and third floor totalling 14,010 sq.ft. It is undisputed before me that I
have to calculate the mesne profits from 1.5.1997 to 11.11.2004 with respect
to the suit premises.
2. The following issues were framed on 13.5.2010:-
"(1) Whether the plaintiff is entitled to damages for the period from
01.5.1997 to 31.10.1999 @ `4,50,000/- and 01.11.1999 to
11.11.2004 @ `7,00,000/-, if so to what effect? OPP
(2) Relief."
3. On behalf of the plaintiff evidence has been led to prove the
rate of rent of similar premises in the area in terms of the lease deeds
Ex.PW1/10 to Ex.PW1/12. On behalf of the defendants, lease deeds filed
have not been exhibited and proved, however, counsel for the plaintiff
agrees that the said lease deeds filed on behalf of the defendants can be
looked into.
4. A reading of the lease deeds filed on behalf of the plaintiff
brings out the following position:-
i) Ex.PW1/10 is a lease deed for the property bearing No.G-83,
Preet Vihar, Delhi with respect to the ground floor premises where the
rate of rent was fixed by the lease deed dated 17.8.2001 at
Rs.1,60,000/- for an area of 2,700 sq.ft. per month (translating to
Rs.59.20 per sq. ft. Per month).
ii) The lease deed, Ex.PW1/11 is with respect to the ground floor
of the property bearing no.C-61, Preet Vihar, Delhi and the rate of
rent fixed by this lease deed dated 22.10.2001 is Rs.1,20,000/- w.e.f.
22.10.2001 for an area of 2,588 sq.ft. per month on the ground floor
(translating to Rs.46.36/- per sq.ft. per month).
iii) The lease deed, Ex.PW1/12 dated 23.2.2000 is a lease for the
premises bearing no.F-12, Preet Vihar, Delhi for the ground floor
portion of 2,600 sq.ft. at a rent of Rs.98,800/- sq.ft. per month (which
translates to Rs.38/- per sq.ft. per month).
5. The chart elucidating the necessary details of the various lease
deeds proved by the plaintiff is as under:-
Details of plaintiff's lease deed
S. Lease Deed Date of Property Rent agreed Area under Rate of
No. Lease Deed demised upon (p.m.) Lease rent
1. Ex.PW1/10 17.8.2001 G-83, Preet Rs.1,60,000/- 2700 sq.ft. 59.20
Vihar, Delhi sq.ft.
(Ground
Floor)
2. Ex.PW1/11 22.10.2001 C-61, Preet Rs.1,20,000/- 2588 sq.ft. 46.36
Vihar, Delhi sq.ft.
(Ground
Floor)
3. Ex.PW1/12 23.02.2000 F-21, Preet Rs.98,800/- 2600 sq.ft. 38/
Vihar, Delhi sq.ft.
(Ground
Floor)
6. So far as the lease deeds which have been filed on behalf of the
defendants, the same are as under:-
a) Lease deed dated 14.1.1999 for the ground floor of 9, Rajdhani
Enclave, Delhi comprises an area of 2,100 sq.ft. The rate of rent
translates to Rs.31/- per sq.ft. per month.
b) Lease deed dated 14.1.1999 for the mezzanine floor above
basement and first floor of the same premises being 9, Rajdhani
Enclave, Delhi at Rs.58,000/- per month for a total areas of 2590 sq.ft.
and which translates to about Rs.22/- of the ground floor portion.
c) Lease deed dated 14.1.1999 for the basement of 9, New
Rajdhani Enclave, Delhi at Rs.35,000/- per month for an area of 1,910
sq. ft.
Other lease deeds filed by the defendants are of the subsequent
years 2004 and 2005 and hence not relevant.
7. The chart elucidating the necessary details of the various lease
deeds filed by the defendants is as under:-
Details of defendants' lease deed
S. Date of Property Rent Area under Rate of
No. Lease Deed demised agreed lease rent
upon (p.m.)
1. 14.1.1999 Ground Floor of 65000 2100sq.ft. 31/sq.ft.
9, New Rajdhani
Enclave, Delhi-
2. 14.1.1999 Mezzanine 58000 940 sq.ft. at 22/sq.ft.
above basement basement &
and first floor of 1650 sq.ft. at
9, New Rajdhani the first floor.
Enclave, Delhi-
3. 14.1.1999 Basement of 9, 35000 1910 sq. ft. 18.32
New Rajdhani sq.ft.
Enclave, Delhi-
8. There is always involved some amount of reasonable guess
works in the exercise of computation of mesne profits inasmuch as rent of
exactly similar premises cannot be calculated to the last square feet and to
the last rupee. In the facts of the present case there is no lease deed of the
year 1996, from when I have to start calculation of mesne profits.
Considering all the above documents which have been filed on behalf of
both the parties, and considering the fact that the plaintiff itself has prayed
for rent from 1996 to 1999 at Rs.32/- per sq.ft. per month and from
1.11.1999 to 30.4.2000 at Rs.50/- per sq.ft. per month, and since the rate of
rents proved by the different lease deeds (of course for a different period)
varies from Rs.18.32/- per sq.ft.(only for basement) to Rs.60/- per sq.ft (for
the ground floor), I am of the opinion that the rate of rent for the purpose of
grant of mesne profits should be fixed at Rs.30/- per sq.ft. per month for the
leased premises of 14,010 sq.ft. with effect from 1.11.1996. I am fixing this
rate by factoring in various aspects including the aspects of the lease deeds
filed and proved on record being of different years than 1996, the lease
deeds being only of the ground floor or basement, since not being of the
same neighbourhood and so on. I also note that the suit premises comprise of
basement, ground floor, mezzanine, first floor, second floor and third floor.
9. Since the premises were let out for non-residential purposes of
an office, in terms of my judgment in the case of M.C. Agrawal (HUF) vs.
Sahara India Pvt. Ltd. 183 (2011) DLT 105 I grant 15% cumulative yearly
increase every twelve months from 1.5.1998 till the premises were vacated
on 11.11.2004.
10. The plaintiff will also be entitled to interest at the rate of 9%
per annum simple on the arrears of mesne profits i.e. on the arrears
remaining after giving adjustment for any amount which would have been
paid by the defendant no.3 to the plaintiff during the relevant period
thereafter. Interest on the arrears of mesne profits are granted in terms of
the judgment of the Supreme Court in the case of Indian Oil Corporation
vs. Saroj Baweja 2005(12)SCC 298.
Relief.
11. In view of the aforesaid discussion, the issues framed are
decided by holding that the suit of plaintiff will stand decreed against the
defendant no.3 for rent at Rs.30/- per sq.ft. per month as on 1.5.1997 for the
leased premises comprising of 14,010 sq.ft. situated at G-80, Preet Vihar,
Delhi. Plaintiff will be entitled to 15% cumulative increase in the rate of
mesne profits after every twelve months i.e. from 1.5.98, 1.5.99 and so on
till 11.11.2004. The plaintiff will also be entitled to interest on the arrears of
mesne profits at 9% per annum simple from the end of the month from
which mesne profits are payable till payment. The defendant No.3 will be
entitlement to adjustment for the amount which it has paid to the plaintiff for
the period for which mense profits are decreed. Parties are left to bear their
own costs. Decree sheet be prepared.
VALMIKI J. MEHTA, J
NOVEMBER 29, 2012
ak
