LUSH HAIR AND BEAUTY CLINIC Vs. SUNITA HOODA

JUDGEMENT

(1.) THIS appeal assails the judgment and decree for possession passed by the learned Additional District Judge on 19.09.2009 for the possession of property situated at first floor bearing No.32, North West Avenue, in the lay out plan of the Adarsh Bhawan Cooperative House Building Society, popularly known as Punjabi Bagh Extension, New Delhi.

(2.) WITH the consent of the parties, the appeal was taken up for final hearing after admission on 02.02.2010.

(3.) IT is further averred by the respondent that the monthly rent of the premises was enhanced to Rs.47,500.00 with effect from 01.01.2007 as per the agreement between the respondent and the appellants No.2 and 3. The appellants No.2 and 3 were making the payments by cash or post dated cheques, but on account of default in payment of rent, an amount of Rs.3,32,500.00 had accrued by way of rent, out of which an amount of Rs.2,16,500.00 was paid in cash and the remaining amount of Rs.1,16,000.00 was paid by way of four post dated cheques. Due to the cash payment, some of the cheques were not presented. It is the respondent's case that till 31st December, 2007, the appellants had paid a sum of Rs.2,62,500.00 in cash on various dates and a sum of Rs.70,000.00 by way of post dated cheques against the arrears of rent with effect from 01.06.2007 till 31.12.2007. The respondent, therefore, terminated the tenancy of the appellants No.2 and 3 by legal notice dated 24.05.2008 which was duly received by the appellants No.2 and 3. The said legal notice called upon the appellants to hand over the vacant and peaceful possession of the suit premises after the midnight of 30.06.2008. The appellants neither vacated the suit premises nor paid the arrears of rent, but sent a reply to the legal notice dated 05.06.2008. The respondent thereupon filed the instant suit in July, 2008 alleging that the tenancy of the appellants having been duly terminated, they were in illegal use and occupation of the tenanted premises with effect from 01.07.2008 and as such were liable to pay damages/mesne profits with effect from 01.07.2008 till they handed over the vacant peaceful possession of the tenanted premises to the respondent. Apart from this, the appellants were also liable to pay the arrears of rent amounting to Rs.3,42,000.00 along with interest at the rate of 24% per annum and legal costs.