SWADESH KUMAR BHATIANI Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) PRESENT appeal is directed against the judgment / decree dated 1.7.2009 passed by learned Additional District Judge, Delhi, in Civil Suit No.44/2008, by virtue of which, the suit filed by the plaintiff for possession and damages was dismissed on the ground that as per Clause 3 of the Registered Lease Deed, the respondent was entitled for extension of lease for a further period of three years, subject to enhanced payment of rent @ 15 percent.

(2.) THE facts of the case are that parties had entered into a Registered Lease Deed, which admittedly was to expire on 17.9.2007. As the respondent failed to exercise its option as per Clause 3 of the Registered Lease Deed, appellant (landlord) issued a legal notice dated 17.9.2007, by virtue of which, the tenancy was terminated. On 29.11.2007, respondent replied to the legal notice issued by the appellant, refuting the allegations made therein and also relied upon Clause 3 of the Registered Lease Deed and sought extenstion.

(3.) ACCORDINGLY, agreed rent with enhancement of 15 percent, shall be paid by the respondent and shall be accepted by the appellant, without prejudice to their rights and contentions, within eight weeks from today. The question of damage for use and occupation/mesne profits for the period 2007 till the date of handing over possession shall be decided by the trial court on the basis of evidence, which has been placed on record.