KIRTI PRASHAR Vs. SBI

JUDGEMENT

(1.) BY this common judgment, I propose to dispose of all the four suits referred above. CS(OS) 1982/2003 has been filed by Ms. Kirti Parasher and M/s. Vinny Construction Pvt. Ltd. for recovery of possession as well as mesne profits. Vide lease deed dated 15.06.1999, the defendant was inducted as a tenant in respect of the fourth floor of Vijaya Building at 17, Barakhamba Road, New Delhi, at the rent of Rs.25.00 per sq.ft. per month initially for a period of five years to be computed from 01.05.1989. The lease provided for two extensions, the first for a period of five years and the second for a period of one year and eleven months. The rent was agreed to be increased by 25% after first year which was to be followed by an increase of 5% every year after the first ten years of the tenancy. The lease was extended for five years with effect from 1.5.1994, vide agreement dated 21.01.1994. It was further extended from 01.05.999 to 31.03.2001 vide lease deed dated 17.01.2000. No fresh lease deed was entered into between the parties after 31.03.2001. The defendant, however, continued to occupy the tenancy premises even after 31.03.2001 though it agreed to increase by 5% per annum with effect from 01.04.2001.

(2.) IT is alleged that vide letter dated 30.09.2002, the defendant gave three months notice to the plaintiffs vacate the premises and terminated the tenancy with the month ending 31.12.2002. The tenancy premises was, however, not vacated even on 31.12.2002. The plaintiff issued a notice dated 03.02.2003 to the defendant bringing it to its notice that it had not vacated the premises on 31.12.2002 and demanded damages for use and occupation at the rate of Rs.100 per sq. ft. with effect from 01.01.2003. They also made clear that any payment accepted by them shall not be treated as an extension of the lease. Consequent to plaintiffs notice dated 03.02.2003, the defendant increased the rent to Rs.36.17 per sq. ft. with effect from 01.04.2001 and Rs.37.98 per sq. ft. with effect from 01.04.2002. The defendant has been paying rent at the rate of Rs.37.98 per sq.ft. per month with effect from 1st January, 2003 to 31st March, 2003 and at the rate of Rs.39.88 per sq.ft. per month with effect from 1st April, 2003 onwards. Besides seeking possession of the tenancy premises, the plaintiffs have claimed a sum of Rs.4668798.96 towards difference in damages for use and occupation with effect from 01.01.2003 to 31.07.2003. The aforesaid amount has been arrived at by taking the damages for use and occupation at the rate of Rs.100.00 per sq. ft. and deducting therefrom the amount paid by the defendant for the period with effect from 01.01.2003 to 31.07.2003.

(3.) CS (OS) 1991/2003 has been filed by EEDA Gujral Chopra in respect of two portions one on the fourth floor and one on the sixth floor of Vijaya Building. The amount claimed in this suit towards damages for use and occupation for the period from 01.01.2003 to 31.07.2003.