SARDAR VALLABHBHAI PATEL SMARAK TRUST Vs. SAMARTH NANGIA

JUDGEMENT

(1.) THIS is a suit for possession and recovery of money. The plaintiff is the owner of property No.7, Jantar Mantar, New Delhi. A part of the ground floor and mezzanine floor of the aforesaid property was let-out by the plaintiff to the defendant vide Lease Deed dated 1 st May 2008, which was got registered on 12th June 2008, on the rent of Rs.2,15,000/- per month. The rent was to be increased by 15% after every three years. The defendant also agreed to pay service tax on the amount of the rent. The case of the plaintiff is that the defendant has failed to pay rent since 1st January 2009 despite several reminders to him in this regard. Since the defendant defaulted in payment of rent, the lease was determined vide legal notice dated 4th March 2010. The defendant, however, has not vacated the demised premises despite termination of tenancy. The plaintiff has now claimed Rs.32,25,000/- being arrears of rent for the period from 1st January 2009 to 31st March 2010.

(2.) THIS is also the case of the plaintiff that in terms of the sub-Clause 3 of Clause IV of the Lease Deed, the defendant also became liable to pay an amount equivalent to six months' rent and after adjusting the security deposit of Rs.6,45,000/- which he had deposited with the plaintiff, he is liable to pay an amount of Rs.6,45,000/- to the plaintiff. That amount has also been claimed by the plaintiff in addition to the arrears amounting to Rs.32,25,000/-.

(3.) THE plaintiff has filed the affidavit of Mr. Viresh Pratap Chaudhry by way of evidence in terms of the order of the Court dated 7th February 2011. In his affidavit by way of evidence Mr. Chaudhry has stated that defendant has not paid any rent from January 2009. He has further stated that legal notice dated 4th March 2010, Ex.PW-1/16 was sent to the defendant terminating his tenancy and requiring him to handover vacant and peaceful possession of the demised premises to the plaintiff. He has further stated that the notice was affixed in the presence of Ms. Kanchan Diwan, Notary Public and Mr. S.S. Mishra, representative of the plaintiff, on 11th March 2010. According to him, the defendant has failed to pay rent for the period from 1 st January 2009 to 28th February 2010 and he has become liable to pay damages/mesne profit for use and occupation of the demised premises w.e.f. 1st March 2010 @ Rs.3,50,000/- per month.