HOLIDAY HOME Vs. R P KAPUR HUF

JUDGEMENT

(1.) THIS is an appeal filed by the appellant, who was a tenant of premises no. A-2/11, Safdarjung Enclave, New Delhi (hereinafter to be referred as ,,the premises in suit) of the respondent herein, against the judgment and decree dated 18th July, 2007 whereby the suit filed by the respondent-landlord for possession, damages/mesne profits etc. in respect of the suit premises had been decreed.

(2.) THE respondent-plaintiff(hereinafter to be referred as ,,the plaintiff) had filed a suit for recovery of possession, damages, mesne profits for unauthorized use and occupation of the premises in suit against the appellant(hereinafter to be referred as ,,the defendant), inter-alia, on the allegations that the premises in suit were let out to the defendant for lodging purposes only but the defendant had not only started using the same for non-residential purposes, which was against the terms of the perpetual lease executed in favour of the plaintiff by the President of India, but had also illegally sub-let a portion of the premises in suit to Abacus Computer for commercial purposes and substantial damages to the premises had also been caused. It was also pleaded that even though the contractual tenancy of the defendant had expired by efflux of time in the year 1983 still it terminated the tenancy of the defendant vide notice dated 28th February, 1995 whereby the defendant was called upon to vacate the premises in the suit on the expiry of the 30th April, 1995. Since the defendant did not comply with that notice the plaintiff had to approach the Court of law and the suit was filed on 04-08-95 for the relief of possession etc. In the plaint, it was also claimed by the plaintiff that since the defendant had caused substantial damage to the premises in suit it was also liable to restore the premises to its original condition in which the same were let out to it. A decree of permanent injunction was also prayed for restraining the defendant from parting with the possession of the premises in suit to some third party.

(3.) THEREAFTER from the side of the plaintiff Shri R.P. Kapoor, karta of the plaintiff HUF appeared in the witness box in support of his case and he also examined his advocate who had sent a notice of the termination of defendants tenancy while the defendant firm examined as many as nine witnesses including one of its partners Shri Prem Chand Garg. The learned trial Court after examining the evidence adduced by the parties and considering the arguments advanced by their counsel passed a decree for possession of the premises in suit in favour of the plaintiff with a direction to the defendant to restore the premises to its original condition. A decree for ' 9,000 on account of arrears of rent for the month of April, 1995 was also passed in favour of the plaintiff. The defendant was also directed to pay mesne profits @ of ' 18,000 per month with effect from 1st May, 1995 till the date of delivery of possession of the premises in suit to the plaintiff. A decree for permanent injunction was also passed against the defendant restraining it from using the premises in suit for commercial purposes or from parting with its possession or creating any kind of third party interest. It was also decreed that in case the defendant would failed to pay the arrears of rent and mesne profits within a period of two months interest thereupon at the rate of 18% per annum would become payable from the date of the institution of the suit till realization of the decreed amount.