Gurmeet Singh vs Central Motors
2014 Latest Caselaw 4409 Del

$~20
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 3175/2012
%                                  Date of decision : 12th September, 2014
       GURMEET SINGH                                      ..... Plaintiff
                          Through Mr.Jasmeet Singh, Adv.

                          versus

       CENTRAL MOTORS                                     ..... Defendant
                   Through

       CORAM:
       HON'BLE MR. JUSTICE G.S.SISTANI

       G.S.SISTANI, J. (ORAL)

1. Plaintiff has filed the present suit for possession and mesne profits. Summons in the suit and notice in the application were issued on 31.10.2012. Despite service, none appeared on behalf of the defendant. Accordingly, defendant was proceeded ex parte on 23.04.2013.

2. Plaintiff has filed his affidavit by way of evidence and same has been exhibited as Ex.PW-1/A. PW1 has deposed that the plaintiff is the owner of an area measuring 9' x 11.6' being a total area of 104.4 sq. ft. on the Lower Ground Floor bearing Cabin/ Space No.3 along with proportionate, undivided, indivisible and impartible leasehold ownership right in property bearing No.K-39, Lower Ground Floor, Lajpat Nagar-II, New Delhi and has purchased it from Shri Simrat Singh vide duly registered sale deed bearing registration No.13013 in Book No.1, Volume No.11396

on pages 119 to 127 on 17.08.2011. Copy of the Sale Deed duly signed by Shri Simrat Singh at point 'A' and by plaintiff at point 'B' has been exhibited as EX. PW-1/1 and copy of the site plan of the suit premises is exhibited as Ex. PW-1/2.

3. PW1 has also deposed that the President of India vide Lease Deed & Conveyance, both dated 31.12.1969, granted unto (1) Mr. J.V. Rajmilani (2151.36/5092th share); (2) Mr. M.V. Rajmilani (1470.32/5092th share) and (3) Mr. S.V. Rajmilani (1470.32/5092th share), all sons of Mr. V.N. Rajmilani, leasehold rights in respect of the property bearing No.K-39, admeasuring 200 sq. yds., situated at Lajpat Nagar-II, New Delhi. PW1 has further deposed that Lease Deed & Conveyance Deed, both dated 31.12.1969 were duly registered as Document Nos.1940 & 1941, in Additional Book No.I, Volume No.2380, on pages 20 to 22 & 23 to 24, on 27.03.1970 and 28.03.1970 respectively, in the office of the Sub- Registrar, New Delhi. Copy of the Lease Deed dated 31.12.1969 has been exhibited as EX. PW-1/3.

4. PW1 has next deposed that Mr. M. V. Rajmilani alias Manohar Lal Rajmilani died and consequent upon his death, his entire undivided rights, title, share and interest in the said property was duly transferred/ mutated in the name of his wife Mrs. Rekha Rajmilani and his son Mr. Rajesh Rajmilani, in the records of Land & Development Office, as co-owners/ co-lessees, vide Letter NO.L&DO/PS-II/600, dated 21.03.1990 and consequent upon the death of Mrs. Rekha Rajmilani, her entire undivided rights, title, share and interest in the property was duly transferred/ mutated in the name of her son Mr. Rajesh Rajmilani, in the records of Land & Development Office, as co-owner/ co-lessee, vide Letter No.L&DO/PS-II/1847, dated 10.12.1993.

5. Mr Gurmeet Singh, PW1 has further deposed that (1) Mr. Rajesh Rajmilani, (2) Mr. S. V. Rajmilani & (3) Mr. J. V. Rajmilani, became the absolute and exclusive joint owners of the property and through their constituted General Attorney S. Gurbachan Singh, sold and conveyed a portion measuring 9' x 11.6', on Lower Ground Floor, along with proportionate, undivided, indivisible and impartible leasehold/ ownership rights in the land underneath measuring 200 square yards, bearing No.K- 39, situated at Lajpat Nagar-II, New Delhi, to Shri Simrat Singh vide sale deed duly registered as Document No.3673, in Additional Book No.I, Volume No.8711, on pages 18 to 26, on 03.05.1995, in the office of the Sub-Registrar, New Delhi.

6. PW1 has also deposed that subsequently Shri Simrat Singh sold the suit property vide registered sale deed to the plaintiff and now plaintiff is the owner of the suit property.

7. PW1 has further deposed that five years of the Lease Deed having already been expired, no prior permission to sell the suit property is required from the superior Lessor i.e L&DO.

8. PW1 has next deposed that around August, 2011, the plaintiff got to know that the suit property is in illegal and unauthorized occupation of the defendant which is a partnership firm and plaintiff through his counsel sent a legal notice dated 29.09.2011 calling upon the defendant to immediately handover peaceful and vacant possession of the suit premises within seven days from the receipt of this notice. PW1 has further deposed that the plaintiff also informed the defendant through the legal notice served upon the defendant that in case defendant fails to handover peaceful and vacant possession within seven days from the receipt of notice, the defendant would be liable to pay damages for unauthorized use

and occupation @ Rs.10,000/- per day. Copy of the legal notice duly signed by counsel for the plaintiff has been exhibited as EX. PW-1/5.

9. PW1 has also deposed that the legal notice dated 29.09.2011sent by the plaintiff was duly received by the defendant and defendant vide reply dated 13.10.2010 denied the title and the ownership of the plaintiff and raised various false and frivolous pleas. Reply of the defendant dated 13.10.2010 to the legal notice sent by the plaintiff is exhibited as EX.PW- 1/6.

10.PW1 has further deposed that the defendant is in illegal use and occupation of the suit premises and liable to pay damages for unauthorized use and occupation.

11. Plaintiff has also summoned another witness Sh. Tejendra(PW2), UDC at sub-registrar, Mehrauli. PW2 produced lease deed bearing no. 21757 book no.1 Vol no.11783, pages 76 to 82, registered on 13.01.2012. Photocopy filed has been exhibited as Ex.PW2/1. Said lease deed shows that rent of a slightly larger property in the same vicinity is Rs.1,80,000/- per month.

12.I have heard counsel for the plaintiff and carefully perused the plaint along with the documents which have been placed on record and affidavit by way of evidence filed by the plaintiff. The evidence of plaintiff has gone unrebutted and unchallenged. Plaintiff has proved that the plaintiff is the owner of the suit premises. Copies of the documents have been placed on record and duly exhibited. Legal notice was issued to the defendant calling upon the defendant to vacate the property and handover possession failing which defendant was also called upon to pay damages for unauthorized use and occupation @ Rs.10,000 per day. Copy of the legal notice has been exhibited as Ex.PW1/5, The legal notice was duly

received by the defendant which is evident from the fact that a reply Ex.PW1/6 was sent by the defendant.

13. Having regard to the evidence placed on record and despite legal notice being served, defendant has failed to handover vacant and peaceful possession of the suit premises to the plaintiff and continues to be in illegal and unauthorized use of the suit premises. Also despite service, defendant failed to enter appearance and chosen not to contest the matter.

14. With a view to prove rent in the area in question the plaintiff has also filed a copy of registered lease agreement Ex.PW2/1, pertaining to a property in the same vicinity where for the ground floor monthly rent is Rs 1,80,000 which is of slightly larger area. This lease agreement has been proved by the UDC of sub registrar office(PW2) summoned by the plaintiff. Taking into view the monthly rent of Rs. 1,80,000 of a slightly larger property in the area in question, counsel for the plaintiff submits that he would be satisfied if a reasonable rate of rent @ Rs. 1,00,000 is fixed, for suit property being a commercial property.

15.For the reasons stated above suit is decreed in favor of the plaintiff and against the defendant. Defendant is liable to pay damages/mesne profits @ Rs.80,000/- per month from the date of legal notice issued by the plaintiff till the date possession is handed over to the plaintiff.

16.Decree sheet be drawn up accordingly.

G.S.SISTANI, J

SEPTEMBER 12, 2014 ssn.. /pdf