I T D C LTD Vs. JAGDISH KAUR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the learned Additional District Judge dated 7/12/2002, whereby and whereunder a suit for recovery of Rs. 4,71,573.00 as damages/mesne profits was decreed in favour of the respondents and against the appellant together with future/further mesne profits @ Rs. 50/- per sq. ft. from 01.04.1997 till the date of delivery of the possession, i.e., 31/1/1999 together with interest @ 15% per annum on future mesne profits for the aforesaid period.

(2.) The case of the plaintiffs (the respondents herein) as set out in the plaint is that the plaintiffs are the owners/landlords of Flat No. 116, situated on the 11th Floor of a multi-storeyed building, viz., Himalaya House at 23, Curzon Road, New Delhi, measuring 698 sq. ft. The plaintiffs had let out the aforesaid flat to the defendant (the appellant herein) on 01.06.1973 initially at the rate of Rs. 1919.50 per month excluding other charges. The plaintiff No. 1 had been negotiating and communicating with the defendant to execute a fresh lease deed to enhance the rate of rent of the flat. Pursuant thereto, a letter dated 25.10.1993 was received by the plaintiffs from the defendant whereby the defendant agreed for increase in rent of 10% after every three years from the expiry of the original lease in 1976. The rent with effect from 01.11.1993 was accordingly fixed at Rs. 4,467/- per month.

(3.) It is alleged in the plaint that the defendant, after acknowledging its liability, did not fulfil it completely and, instead of paying the amount due in the sum of Rs. 1,61,499.50 paid only Rs. 65,548.20 in spite of various requests made by the plaintiffs.