Delhi High Court
Kavi Ghei & Anr vs M/S Saffron Refcon Pvt Ltd & Ors on 7 April, 2015
Author: Manmohan
#15
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 3223/2014 & I.As. 20687/2014, 3367/2015
KAVI GHEI & ANR ..... Plaintiffs
Through Mr. Vinay Sharma, Advocate
versus
M/S SAFFRON REFCON PVT LTD & ORS ..... Defendants
Through Mr. Chayan Sarkar with Mr. Bipul
Kedia, Advocates for D-1 and 2.
% Date of Decision : 7th April, 2015
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
1. Present suit has been filed for possession, recovery, mesne profits and
injunction. The prayers in the plaint are reproduced hereinbelow:-
(i) The decree for possession may kindly be passed in favour
of the plaintiffs and against the defendants in respect of
suit property i.e. office space bearing no.A-101, 10th
floor, in building Himalaya House, situated at 23,
Kasturba Gandhi Marg, New Delhi measuring 1874 sq.
feet along with fittings and fixtures, more particularly
shown red in the site plan attached along with the plaint;
(ii) A decree for arrears of Rent @ 2,80,000/- p.m. for the
month of August, 2014 amounting to Rs. 2,80,000/- along
with pendentelite and future interest @12% p.a. till
realization.
(iii) A decree for mandatory injunction directing the
defendants to pay the electricity and maintenance
charges or in the alternative a decree of Rs. 51,128/-
towards the electricity and maintenance charges for the
period upto September, 2014 and future electricity and
maintenance charges till the date of handover of
possession.
(iv) A decree for 8,80,000/- as damages for the month of Sept
2014 for unauthorized use and occupation charges @ Rs.
20,000/- per day plus Rs. 2,80,000/- per month as per the
lease deed which is the market prevalent rate;
(v) A decree for future damages/mesne profit @ Rs. 20,000/-
per day plus the agreed lease rent of Rs. 2,80,000/- per
month from the date of the suit till the possession of the
suit premises is handed over to the plaintiff may kindly be
passed in favour of the plaintiff and against the
defendants;
(vi) A decree of Mandatory Injunction may be passed in
favour of the plaintiff and against the defendants
directing the defendants to deliver the TDS certificate to
the plaintiff with regard to the rent for the period of
April, 2014 to September, 2014.
(vii) Costs of the suit may also be awarded to the plaintiff
against the defendants.
2. The right of the defendants to file written statement was closed on 10th
February, 2015.
3. It is the case of the plaintiffs that they are owner of the office space
bearing no. A-101, 10th Floor, Himalaya House Building situated at 23,
Kasturba Gandhi Marg, New Delhi shown as red in the site plan.
4. Learned counsel for the plaintiffs states that defendant no. 1-company
was inducted as a tenant by way of a registered Lease Agreement dated 31 st
October, 2013 at a monthly rent of Rs. 2,80,000/-.
5. It has also been averred in the plaint that the defendants defaulted in
payment of rent in November, 2013 as well as July and August, 2014. In the
plaint it has further been stated that the tenancy was terminated on 11 th
August, 2014 by way of a legal notice.
6. Since no written statement has been filed, the averments in the plaint
are taken to be true and correct.
7. In any event, as the property was leased out by a registered document,
relationship of landlord and tenant between the parties is admitted.
8. Further, as rent paid was in excess of Rs. 3,500/-, this Court is of the
view that defendants are not entitled to any protection under Delhi Rent
Control Act, 1958.
9. Also, as the tenancy has been terminated by way of a legal notice
dated 11th August, 2014, this Court is of the view that the plaintiff is entitled
to relief of the possession. Accordingly, suit for possession is decreed in
terms of prayer (i) of the plaint.
10. The outstanding rent for the month of August, 2014 shall also be paid
at Rs. 2,80,000/- as mentioned in the plaint.
11. At this stage, learned counsel for plaintiffs states that he confines his
relief for recovery of mesne profit at the admitted rate of rent of
Rs. 2,80,000/- per month as stipulated in the lease deed.
12. Since the monthly rent stipulated in the registered lease deed was
Rs. 2,80,000/- and the lease was to be valid till 31st October, 2016, this
Court decrees the suit for recovery of mesne profits at the rate of
Rs. 2,80,000/- per month from 1st September, 2014 till the date of handing
over of vacant physical possession of the suit premises.
13. It is clarified that the defendants shall be liable to pay the electricity,
water and maintenance charges as well as furnish TDS certificates till the
date of handing over of possession. Needless to say, if any advance or
security deposit is lying with the plaintiffs, the same shall be adjusted
against the aforesaid outstanding amounts.
14. The defendants shall be liable to pay interest @ 12% per annum on
the outstanding amount from the date of decree till realisation of the said
amount. Registry is directed to prepare the decree sheet accordingly.
15. Consequently, present suit and pending applications stand disposed
of.
MANMOHAN, J
APRIL 07, 2015
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