JAY SHREE INVESTMENT PVT. LTD Vs. ANIL OHRI

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment of the trial court dated 6.12.2010 decreeing the suit of the respondent / plaintiff / landlord for mesne profits for the period from 1.11.2006 to 31.5.2007.

(2.) THE facts of the case are that the appellant / defendant / tenant took on lease the ground floor of House No. C-34, Greater Kailash-I, New Delhi-48 vide lease agreement and maintenance agreement, both dated 23.7.2001. The total amount of charges payable with respect to the leased premises was Rs.75,000/- per month, Rs.45,000/- as rent and Rs.30,000/- as maintenance charges, the latter being actually part and parcel of the rent. The period of lease was for three years which expired on 31.7.2004. The respondent / plaintiff issued and served upon the appellant / defendant a legal notice of termination for tenancy dated 6.7.2004, Ex. P-10 and to which a reply dated 6.8.2004 was also given, Ex. P-11. Since the appellant / defendant failed to vacate in spite of termination of the monthly tenancy, the subject suit for possession and mesne profits came to be filed.

(3.) THE only issue in the present appeal is with respect to payment of mesne profits from 1.11.2006 till 31.5.2007, inasmuch as, at the rate at which mesne profits have been decreed, the appellant / defendant has already paid the increased charges / mesne profits for the period prior to 1.11.2006.