GAJINDER YADAV Vs. SUBHIKSHA TRADING SERVICES LIMITED

JUDGEMENT

(1.) Recovery of possession of suit premises No.72 & 73, in Khasra no.53, situated in Lal Dora of Village Nangli Poona, Delhi 36 as delineated in red colour in the site plan annexed to the plaint, from the Defendant is sought as the lease of the suit premises stood determined by efflux of time on 14 th November 2008. As per the unregistered Lease Agreement of 4 th November 2005, the monthly rental payable was Rs.1,78,000/- per month. A supplemental Lease Agreement of 1 st October 2007 was entered into between the parties, regarding enhancement of Rs.26,000/- per month in the existing rental with effect from 1 st October 2007, that is to say, the total rent of the suit premises thus became Rs.2,04,000/- per month with effect from 1 st October 2007 till 14 th November 2008 in terms of the supplemental Lease Agreement of 1st October 2007. Interest free security deposit of Rs.7,12,000/- was also made by the Defendant which was to be refunded upon vacation of the suit premises but subject to all adjustments. Pertinently, electricity and water charges were not included in the aforesaid rental. Though the tenancy/lease in question stood expired by efflux of time on 14 th November 2008, and despite notice, the Defendant did not vacate the suit premises and was in arrears of rent with effect from October 2008, till the filing of this suit. Therefore, arrears of rent of Rs.28,15,200/- are also sought to be recovered from Defendant. Since the possession of the suit premises has not been surrendered by the Defendant to the Plaintiff, therefore, mesne profits with interest has been also claimed in this suit.

(2.) It is evident from the order of 29 th July 2010 that Defendant was served through publication, but had not appeared in this matter, and was accordingly set ex-parte on 30 th August 2010. Even the notice was affixed at the front door of the suit premises on 3 rd September 2009, and the photograph evidencing it has been placed on record.

(3.) In the ex-parte evidence, Plaintiff has deposed in support of the aforesaid averments made in the plaint and has proved the site plan (Ex.PW-1/1) of the suit premises; the Lease Agreement of 4th November 2005 (Ex. PW-1/2), supplemental Lease Agreement of 1st October 2007 (Ex. PW-1/3) in respect of the suit premises. Notice (Ex.PW-1/4) sent by postal receipt (Ex.PW-1/5 & Ex.PW-1/6) was received back with the remarks shifted .