SHAREX ACTING VINOD KUMAR CHADHA Vs. SUDERSHAN SURI

JUDGEMENT

(1.) This appeal seeks to assail the judgment and decree dated 12.12.2009 passed by the learned Additional District Judge whereby on a suit filed by the respondent against the appellant for ejectment and for recovery of Rs. 4,03,5 19/-, the learned Additional District Judge held the respondent entitled for possession of the suit premises and directed the appellant to hand over and deliver the actual, physical, vacant and peaceful possession of the premises in question to the respondent.

(2.) The facts as set out in the plaint by the plaintiff-respondent are as follows. The respondent is the exclusive and absolute owner of property No. 309, 3rd floor, Padma Tower-II, Rajindra Place, New Delhi-110008 (hereinafter called the suit property) by virtue of allotment made in favour of the respondent by Bhatia Sehgal Construction Corporation through builder's agreement dated 22.09.1983. By a lease deed dated 1st December, 2000 and registered vide Registration No. 154, Additional Book No. 1, Volume No. 10149 on pages 25-30 on 10.01 .2001, the said suit property was given on lease by the respondent to the appellant, as per detailed terms and conditions contained therein and on consideration of rent of Rs. 10,500/- (Rupees Ten Thousand and Five Hundred Only) for a period of three years commencing from 1st December, 2000.

(3.) As per Clauses 4 and 5 of the aforesaid lease deed, the appellant was contractually bound to pay all charges for the consumption of electricity and proportionate water charges from the date of the validity of the said deed, as per bills received from the concerned authorities and also contractually bound to pay the maintenance charges to the Society of the common facilities, as per the bills raised by the Society. Clause 6 of the lease deed laid down that the respondent will have the contractual right, without prejudice to his rights in law, to recover from the appellant all the amounts on which the appellant has defaulted in terms of the conditions and covenants contained in the lease deed. As per Clause 16 of the said deed, the appellant was to enjoy peaceful possession of the suit property only as long as the appellant continued to pay the rent reserved as per the said deed and also performed the several covenants on its part contained in the said deed. Clause 27 of the lease deed stipulated that in case of breach of the terms and conditions of the said deed, the tenancy of the said suit property would stand terminated forthwith.