ONIDA FINANCE LIMITED Vs. MALINI KHANNA

JUDGEMENT

(1.) The plaintiff herein, which is a company incorporated under the Companies Act, 1956, became tenant under the defendant in respect of office space bearing No.502-503, having super area of 1656 sq.ft. situated on Firth Floor, Arunachal Bhawan, 19, Barakhamba Road, New Delhi on a monthly rent of Rs.1,65,600.00. Tenancy started w.e.f. 15/08/1995. It was a monthly tenancy commencing on 15th of each calendar month and ending with 14th of the following month. At the time of taking the premises on rent, the plaintiff paid a sum of Rs.9,93,600/- as security deposit which was equivalent to six month rent. This security was interest free security which was refundable on the expiry or termination of the lease. The plaintiff had also paid advance rent equivalent to six months' rent amounting to Rs.9,93,600.00 This rent was to be adjusted against monthly rent.

(2.) It appears that after enjoying the tenancy for few months, the plaintiff desired to vacate the same. As per the case of the plaintiff putforth in the plaint, the tenancy was terminated vide notice dated 18/01/1997 w.e.f. expiry of the 14/02/1997. This notice was sent by the plaintiff to the defendant calling upon the defendant to take the vacant possession of the flat in question (hereinafter referred to as 'the tenanted premises') on the expiry of 14/02/1997 i.e. on 15/02/1997. The defendant was also called upon to return the security amount of Rs.9,93,600.00 as well as Rs. 1,09,065.00 which was unadjusted money given by the plaintiff to the defendant towards advance rent. The plaintiff also called upon the defendant to pay interest at the rate of 24 per cent per annum w.e.f. 15/02/1997 in case the amount is not refunded. It was also stated that the tenanted premises shall remain vacant at the risk of the defendant and the plaintiff shall not be liable to pay any rent from that date. It is the case of the plaintiff that the defendant is not entitled to any rent w.e.f. 15/02/1997. As the defendant has failed to refund the aforesaid amount demand by the plaintiff, it has filed the present suit for recovery of Rs.11,53,921.00 the details of which are given in para-7 of the plaint and read as under: <FRM>JUDGEMENT_231_AD(DEL)3_2002Html1.htm</FRM>

(3.) The defendant has not only contested the suit but has also come out with her counterclaims. The defendant has admitted the letting out of the tenanted premises in question to the plaintiff. The defendant has also admitted that the rental agreed was Rs.1,65,600.00 per month. It also stands admitted that six months advance rent amounting to Rs.9,93,600.00 and security deposit of Rs.9,93,600.00 was also given to the defendant at the time of letting. It is stated that the advance rent was to be adjusted over a period of 36 months by adjusting the same at the rate of Rs.27,600.00 and the plaintiff was to pay Rs.1,38,000.00 per month as rent after adjusting the sum of Rs. 27,600.00 from the advance rent.