Delhi High Court
M/S Madan Verma & Sons(Huf) & Ors vs M/S Aura Edutech India Pvt Ltd & Ors on 11 January, 2016
Author: Najmi Waziri
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Pronounced on: 11th January, 2016
+ CS(OS) 2910/2014, I.A. 6352/2015 and 6353/2015
M/S MADAN VERMA & SONS(HUF) & ORS ..... Plaintiffs
Through: Mr. Vibhor Garg and Mr. Madan
Verma, Advs.
versus
M/S AURA EDUTECH INDIA PVT LTD & ORS ..... Defendants
Through: Ex parte
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Open Court)
1. This is a suit for possession, recovery, permanent injunction,
damages, mesne profits, interest and costs.
2. It is the plaintiffs' case that plaintiff no. 1 is an HUF. The suit has
been filed by its Karta namely Mr. Madan Verma. Plaintiff nos. 2
and 3 are the wife and daughter respectively of the Karta. The suit
property constitutes Flat Nos. 1201A, 1222B, 1201, 1201B, 1204,
1205 & 1208A measuring a total of 3335 sq. ft. super area and
located on 12th floor, Devika Tower, 6 Nehru Place, New Delhi
together with the rights of entrance, passage and other easement
rights belonging to the said premises.
3. The suit property was let out to defendant no. 1 through defendant
nos. 2, 3 and 4 for a monthly rent of Rs. 3 lakhs through three
CM(M) No. 1425/2013 Page 1 of 4
registered lease agreements, all dated 21.04.2012 (Ex.PW1/6 to
PW1/8 (Collectively)]. These agreements came into operation on
01.04.2012. Defendant nos. 2 and 3 are persons in control of the
defendant no. 1-company and defendant no. 4 is the employee /
authorised representative of defendant no. 1.
4. It is the plaintiffs' case that the defendants have not paid any rentals
since 01.04.2013 and have continued to be in possession of the suit
property. Through a legal notice dated 24.08.2013 (Ex.PW1/15), the
plaintiffs have sought vacant physical possession of the suit property
and mesne profit at the rate of Rs. 5 lakhs per month. The amount
claimed as due in terms of the prayer clause is Rs.84,30,303/-.
5. Although, defendant nos. 2 and 3 filed their written statements, the
lessor, i.e., defendant no. 1, has not filed its written statement. Vide
order dated 24.07.2015, the defendants were proceeded ex parte.
6. The plaintiffs have led ex parte evidence in support of the plaint
through the Karta Mr. Madan Verma, PW-2 is an Officer from the
office of the Registrar of Companies who brought records to show
that defendant nos. 2 and 3, who had claimed to have resigned in the
year 2010, continued to sign as Directors of defendant no. 1 even in
the year 2011. Therefore, the lease agreement whereby the suit
property was leased out to defendant no. 1 was at the behest of
defendant nos. 2 and 3.
7. There is no rebuttal of the plaintiffs' case. The fact that the suit
property is in the possession and enjoyment of defendant no. 1 is not
controverted nor is it denied that an amount of Rs. 3 lakhs was being
CM(M) No. 1425/2013 Page 2 of 4
paid by defendant no. 1 to the plaintiffs every month for the use and
occupation of the suit property from 01.04.2012 to 01.04.2013.
8. The Court is of the view that the plaintiffs have made out a case for
grant of certain reliefs. The defendants are liable to pay amount of
rent in terms of the lease deeds. Therefore, the defendants shall pay
the amount in terms of the agreements, i.e., Rs. 3 lakhs per month.
For the subsequent period too, the defendants ought to continue to
pay a similar rate of rent, i.e., Rs. 3 lakhs per month along with
interest on the arrears of rent till realisation of the entire amount.
9. Considering the above, there is no reason as to why the prayers
sought in the suit should not be granted. Hence, the suit is decreed in
the following terms:
a. The defendants shall pay a monthly rent of Rs. 3 lakhs since
01.04.2013 till the vacation of the premises with interest on
arrears @ 15% till the date of realisation.
b. Utilities charges, including electricity, water, sanitation, etc.
as per user or levied or leviable to the suit property for the
duration of its occupation by the defendants shall be paid by
the defendants to the plaintiffs.
c. For the rental amounts paid between 01.04.2012 to
01.04.2013, the defendants shall furnish to the plaintiffs
details of the TDS effected by them and furnish TDS
Certificates for the deductions made by them within one
month from today.
CM(M) No. 1425/2013 Page 3 of 4
d. The possession of the suit property i.e. Flat Nos. 1201A,
1222B, 1201, 1201B, 1204, 1205 & 1208A, situated at 12th
floor, Devika Tower, 6 Nehru Place, New Delhi is decreed in
favour of plaintiff no. 1 through Karta - Mr. Madan Verma.
Possession of the suit property, in good repair, shall be handed
over to plaintiff No.1, through its afore-named Karta, within
four weeks from today.
e. The defendants and its agents/ employees are restrained from
damaging the said premises and from creating any third party
interest, right or possession in the suit property.
f. Cost of litigation is fixed at Rs. 1 lakh.
Decree sheet be drawn accordingly.
The suit is disposed off in the above terms.
January 11th, 2016/P NAJMI WAZIRI, J.
