UNION OF INDIA Vs. CLARIDGES HOTEL PVT LTD

JUDGEMENT

(1.) BY means of the present first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC), the Union of India challenges the impugned judgment and decree dated 30.9.1981 whereby the trial Court has decreed the suit of the respondents/plaintiffs and held that the appellant/Union of India is disentitled to a higher ground rent of Rs.2, 33,444/- per annum.

(2.) THE facts of the case are that the premises being the land at 12, Aurangzeb Road, New Delhi was let out to the predecessor in interest of the respondent and whereafter it is the respondent as per the agreement between the parties who became lessee of the subject plot of land.

(3.) BEFORE this Court, the learned counsel for the appellant has argued that the trial Court has committed a clear cut illegality in ignoring the letters dated 15.6.1976 (Ex.P3) and 28.6.1976(Ex.P4) issued by the appellant to the respondents whereby higher ground rent was claimed on account of the breaches by the respondents of the terms of the lease. The learned counsel for the appellant has further drawn my attention to the letter dated 9.7.1976 (Ex.PX1) whereby respondents/plaintiffs accepted the terms and conditions of the letters dated 15.6.1976 and 28.6.1976 and prayed for cancellation of the re- entry ordered with respect to the leased plot on their paying the amount claimed pursuant to the letters dated 15.6.1976 and 28.6.1976.