ESPIRE INFOLABS PVT LTD Vs. SADHANA FOUNDATION

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal arises from a claim of the landlord ­ respondent herein, claiming rent for the period 01.11.2015 to 31.01.2017. We may point out that another petition was filed by the landlord claiming rent for the period 01.01.2013 to 30.10.2015. The landlord claimed rent @ Rs.18,43,900/ per month relying upon the lease deed dated 01.01.2013. The stand of the tenant ­ appellant herein, is that, in fact, there was a subsequent registered lease deed dated 01.09.2015 which is effective from 01.03.2015 in which the rent is @ Rs.7,50,000/ per month. In addition thereto, it is claimed that as per Clause 1(c) of the registered lease deed dated 01.09.2015, the tenant was entitled to spend an amount of Rs.9 crores for developing the infrastructure in the tenanted premises and was entitled to adjust the same against the rent.

(3.) In the eviction petition the Rent Controller determined the provisional rent @ Rs.7,50,000/ per month. The Punjab and Haryana High Court confirmed the order of the Rent Controller and the SLP filed against the same was dismissed by this Court. As far as the registered lease deed of 2015 is concerned, Clause 1(c) of the same reads as follows: