RADHA KISHAN AGGARWAL Vs. NETWORK LTD

JUDGEMENT

(1.) INITIALLY this suit was filed for recovery of Rs.42,58,768/- as also for recovery of possession of the premises comprising basement, mezzanine floor , first floor and second floor and mumty of property No.D-2, Local Shopping Centre-II, Vasant Vihar, New Delhi. The abovereferred property was let out by the plaintiffs and late Shri Sitaram Agarwal to the defendant No.1 for a period of nine years, vide registered lease deed dated 02.05.1989. The lease commenced from 01.05.1989 and expired on 30.04.1998. The initial agreed rent stipulated in the lease deed was Rs.60,000/- per month which was to be increased by 15% after every three years. On account of the aforesaid increase, the agreed rent was Rs.79,350/- per month when the lease expired by afflux of time on 30.04.1998. In the suit, the plaintiffs had claimed a sum of Rs.28,56,600/- towards arrears of rent for the period from 01.05.1995 to 30.04.1998, Rs.7,52,168/- towards interest on arrears of rent, calculated at the rate of 18% per month and Rs.6,55,000/- towards damages for use and occupation for the period from 01.05.1998 to 30.08.1998. The plaintiffs have also claimed future damages for use and occupation at the rate of Rs.6,50,000/- per month from the date of filing of the suit till recovery of possession of the suit premises from defendant No.1.

(2.) ADMITTEDLY, the possession of the suit premises has been delivered to the landlords during pendency of this suit, on 31.10.1998 and the arrears of rent for the period ending 30.04.1998 were deposited in CS(OS) No.735/1997 which was a partition suit amongst the owners of the suit premises. It is also an admitted case that the defendant deposited rent/damages for use and occupation at the rate of Rs.7,52,168/- for the period from 01.05.1998 to 31.10.1998 as well and the same has been withdrawn.

(3.) ISSUE No.1:- Since the arrears of rent stand paid, the plaintiffs are not entitled to recover any amount from defendant No.1 towards arrears of rent. The issue is decided accordingly.