HINDUSTAN PLYWOOD CO Vs. NARESH KUMAR CHADHA

JUDGEMENT

(1.) The challenge by means of the regular first appeal under Section 96 of the Code of Civil Procedure, 1908, is to the impugned judgment and decree dated 22.12.2010 whereby the suit of the Respondents/plaintiffs for possession and mesne profits has been decreed.

(2.) The Respondents/plaintiffs laid out a case that the monthly rent was Rs. 4026/- per month and since there was no registered lease deed for a fixed period of the tenanted premises, the tenancy of the Appellants/Defendants was terminated by means of a legal notice dated 21.1.2008, Ex.PW1/12, and on failure of the Appellants/Defendants to vacate the suit premises, the subject suit came to be filed.

(3.) By the impugned judgment and decree, the trial court has referred to the fact that the last admitted rate of rent paid was Rs. 4026/- and therefore, the Appellant had no protection of the Delhi Rent Control Act, 1958 since the rent was more than 3,500/- per month. The relationship between the parties of a landlord and tenant was also admitted. The notice for termination of tenancy Ex.PW1/12, was duly proved. The AD of receipt of this notice was exhibited as Ex.PW1/15. In view of the above, quite clearly, all the necessary ingredients to entitle the Respondents/plaintiffs for decree of the suit were made out. The Respondents/plaintiffs also led the necessary evidence with respect to mesne profits by filing certified copies of various lease deeds in the area and one of which pertained to the same premises, and relying on such a lease deed Ex.PW1/26, the mesne profits were awarded at Rs. 25 per sq. ft. instead of Rs. 42 per sq. ft. which was paid under the lease deed Ex.PW1/26 with respect to a separate floor viz second floor of the same property.