Delhi High Court
Anupam Theatres & Exhibitors Pvt. ... vs Kingdom Of I Clothing Pvt. Ltd. on 20 March, 2015
Author: Najmi Waziri
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20.03.2015
+ CS(OS) 2564 of 2011
ANUPAM THEATRES & EXHIBITORS PVT. LTD. ..... Plaintiff
Through: Mr. B.B. Gupta, Mr. Udyan Srivastava &
Mr. Sanyam Khetrapal, Advs.
versus
KINGDOM OF I CLOTHING PVT. LTD. ..... Defendant
Through: Ex parte vide order dated 9.12.2014.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
1. This is a suit for ejectment and mesne profits. The defendant has
been proceeded ex parte. Ex parte evidence of the plaintiff has
been recorded. The plaintiff is the owner and landlord of
commercial space admeasuring approximately 1150 sq.ft. being
Unit No.FF-105A, First Floor, C-Block in Ansal Plaza, Khel Gaon
Marg, New Delhi-110049 (for short the 'suit property') by virtue
of an allotment-cum-ownership letter issued by the builder dated
16.3.2005 (Ex.PW1/3).
2. The property was let out to the defendant at a monthly rent of
Rs.2,01,250/- calculated @ Rs.175/- per sq.ft. Additionally, the
defendant had further agreed to pay an amount of Rs.25/- per sq.ft.
per month towards maintenance charges to the concerned
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maintenance agency. This has been admitted by the defendant in a
suit filed by it before the learned Senior Civil Judge (South East),
Saket, District Courts, New Delhi (Ex.PW1/9), wherein the
defendant has admitted as under:
"2. That the Defendant Company is the owner of the
commercial space admeasuring approximately 1150 sq.ft.
being Unit No.FF-105A, First Floor, C-Block, Ansal Plaza,
Khel Gaon Marg, New Delhi, hereinafter referred to as 'Suit
Property'. That site plan of the suit property is annexed as
Annexure-A.
3. That the employees of Defendant Company approached
the Plaintiff Company and represented there was some
tremendous business opportunity and floated the idea that the
Plaintiff Company should take on lease the property at Ansal
Plaza, Khel Gaon, New Delhi. That the employees of
Defendant Company further assured the Plaintiff Company that
the footfall in the Ansal Plaza are tremendous and there will be
huge profits from the said premises. They also assured that all
ancillary services and facilities shall be fully taken care of so
as to provide a conducive business and commercial
environment.
4. That relying on the representations and assurances of the
representatives of Defendant Company the Plaintiff Company
took on lease the suit property from the Defendant Company.
That the documents qua the same are in the power and
possession of the defendant company. That the plaintiff
company reserves its rights to call for the said documents from
the defendant company, if so required, at a subsequent stage.
5. That the Plaintiff Company paid a sum of Rs.2,01,250/-
(Rupees Two Lacs One Thousand Two Hundred and Fifty only)
vide cheque bearing No.078309 dated 26.10.2009 as advance
and paid sum of Rs.4,02,500/- (Rupees Four Lac Two
Thousand and Five Hundred only) vide cheque bearing
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No.078355 dated 11.12.2009 towards security."
3. The said suit was ultimately disposed off upon an undertaking of
the plaintiff herein that it would not dispossess the defendant
herein except by due process of law.
4. The tenancy commenced from 1.1.2010. The monthly rent was
paid till 20.4.2011. The statement of account reflecting payment
by the defendant-Company, tabulated by the plaintiff-Company
(Ex.PW1/4) has not been rebutted by the defendant. A notice of
termination dated 21.7.2011 (Ex.PW1/5) was issued to the
defendant because no rents were paid for the suit property since
1.4.2011. The notice was duly served upon the defendant through
courier and registered post and the proof of service is exhibited as
Ex.PW1/6 and PW1/7 respectively. The acknowledgement card is
exhibited as Ex.PW1/8. The suit property has not been vacated by
the defendant ever since. Therefore, the plaintiff seeks possession
of the suit property.
5. The averments in the plaint and the evidence of the plaintiff are
unrebutted. A case is made out for the grant of reliefs sought in
the plaint. The mesne profits claimed are in terms of the admitted
rate of rent.
6. The suit is accordingly, decreed in terms of prayers (a), (b) & (c)
of the plaint along with interest on the outstanding rent @ 8 per
cent per annum from each successive date when the rent was
payable.
7. Mr. B.B. Gupta, the learned counsel for the plaintiff submits that
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the plaintiff shall pay the balance court fee, as may be, in terms of
the decree.
8. The suit is disposed off in the above terms.
9. A decree sheet be drawn up accordingly.
MARCH 20, 2015 NAJMI WAZIRI, J.
b'nesh
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