AJAY AHUJA Vs. SUBHIKSHA TRADING SERVICES LTD

JUDGEMENT

(1.) This is a suit for recovery of possession, arrears of rent and mesne profit/damages for use and occupation. The plaintiffs are the owners of plot No. 71 comprised in Khasra No. 53 in Lal Dora of Village Nangli Puna, Delhi, which has a constructed area of 125 sq. feet and office area of 1000 sq. feet. The defendant was inducted as a tenant in respect of the aforesaid property, vide an unregistered lease agreement dated 20th October, 2005 at the rent of Rs 89,000/- p.m.

(2.) The defendant was proceeded ex parte vide order dated 26th October, 2010, as no one appeared for it, despite service by publication and affixation in terms of the order dated 13th July, 2010.

(3.) The plaintiffs have filed affidavit of plaintiff No. 1 Ajay Ahuja by way of ex parte evidence. In his affidavit Mr. A. Ahuja has supported, on oath, the case set up in the plaint. He has identified his own signatures as well as the signatures of the plaintiff No. 2 on the lease deed Ex.PW- 1/2. He has also identified the signature of Mr. Parag Chaturvedi, representative of defendant company at point "C" on this document. He has also identified the signature of the plaintiffs as well as the signature of Mr G. Udayan David authorized Representative of the defendant on the supplementary lease agreement Ex. PW-1/3. The notice dated 11th November, 2009 sent by the plaintiffs to the defendant through their counsel Mr Rajesh Yadav is Ex. PW-1/14. Ex. PW-1/15 is the certificate of posting under which this notice was sent, whereas Ex.PW-1/16 and PW- 1/17 are the postal receipts, whereby the notice was sent by registered post. Ex. PW-1/18 and PW-1/19 are the courier receipts, whereby this notice was sent. The returned envelopes are Exs. PW-1/20 to PW-1/23. According to PW- 1, the defendant neither handed over the possession to them nor has it paid arrears of rent w.e.f October, 2008 at the rate of Rs 1,17,300/- pm. He has also stated that the prevailing market rate of rent for the suit premises would not be less than Rs 3 lakhs per month on account of a sharp price in the rentals and property prices in last 2-3 years.