CMC LTD Vs. BALWANT SINGH DHARMARAIT

JUDGEMENT

(1.) The present appeal arises out of the judgment and decree dated 24.07.2008 passed by Ms.Ina Malhotra, learned Addl. District Judge in a suit for possession of premises A-5, Ring Road, Housing Co-operative Society, N.D.S.E part 1, New Delhi 110049, damages and mesne profits for illegal and unauthorized use and occupation of the suit premises.

(2.) Briefly stated the facts leading to the filing of the present appeal may be summarized as under:

(3.) The appellant, a public sector undertaking of the Govt. of India, had taken the demised suit premises on lease, comprising of a basement, ground and the first floor, a garage and one room above the garage for a period of three years from 15.04.82 on a monthly rent of Rs.20,000/-. The appellant retained the possession of a room on the second floor. The said lease was extended on renewed terms and enhancement of rent from time to time. On 01.07.96 vide a duly registered lease deed the rent was agreed to be enhanced to Rs.80,000/- pm from 01.07.96 to 30.06.98 and to Rs.90,000/- pm from 01.07.98 to 30.06.99. It was agreed upon that the said lease will not be renewed or extended thereafter. Vide notice dated 01.05.99 the tenancy was terminated and the appellant was directed to hand over the vacant and peaceful possession of the suit property to the respondents, failing which the appellant shall be liable to pay mesne profits. As the appellant did not vacate the suit property the respondents filed Suit No.274/04 before the trial Court for ejectment of the appellant from the suit property.