NESCO LTD Vs. SHRI CHANDEEP KOHLI

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 09.3.2009 which has endorsed the finding of the trial judge dated 24.3.2008 whereby the suit filed by the plaintiff Chandeep Kohli seeking possession of the suit property i.e. flat bearing No.B-2/102, 10th Floor, Himalaya House, K.G.Marg, New Delhi (hereinafter referred to as the suit property) had been decreed in favour of the plaintiff.

(2.) PLAINTIFF claimed herself to the owner of the aforenoted suit property. Defendant was formerly known as M/s New Standard Engineering Co.Ltd. The premises had been leased out to him by the erstwhile owner Lt.Col.Ramphal Singh; this was in terms of the agreement dated 28.11.1970; initial period of lease was for three years. Rate of monthly rent was Rs.1500/-. Clause 2 of the agreement is relevant; it reads as follows: To pay all charges for consumption of electricity and water as per bills prepared by Society/Corporation/Builders for said premises or in accordance with the bills received from the Municipal Authorities in that connection. In addition to the foregoing, the Lessee shall also be liable to pay other common charges like running costs of lifts lightening in common places, basement, staircases as per bills raised by the Corporation/Co-operative Society or the builder who will be co-ordinating the common services, provided however, that the Lessee shall be liable to pay the said charges to the Lessor at 10 paisa per sq. ft. month in proportion to the area covered by this lease.

(3.) THIS is a second appeal. It has been admitted and on 15.02.2010 the following substantial question of law was formulated: Whether the courts below adopted a right approach in construing Clause 2 of the Agreement to reach to a conclusion that rent included all other charges as detailed therein?