SH. INDER SAIN BEDI Vs. CHOPRA ELECTRICALS

JUDGEMENT

(1.) THE subject suit has been filed by the plaintiff/landlord for recovery of possession of (i) the leased area, and (ii) the area in occupation of the defendant/tenant beyond the leased out area. I may state that the plaintiff/landlord had separately filed a suit for possession of the leased premises, and which suit was decreed in terms of the judgment dated 23.4.1993 passed by Sh.P.K.Bhasin, ADJ (as his Lordship then). This judgment has been upheld right till the Supreme Court, and therefore the possession of the leased premises has already been taken back by the plaintiff/landlord. The plaintiff in execution of the said judgment has also taken back possession of the encroached areas.

(2.) THE facts of the case are that the plaintiff is the owner/landlord of the property bearing No. B-59/1, Naraina Industrial Area, Phase-II, New Delhi-28. A portion of this building comprising of one main hall on the ground floor, three office-cum-store rooms, two mezzanine halls and toilets for workmen as stated in the deed of license dated 26.5.1980 was let out to the defendant. Though the document is titled as a deed of license the admitted position is that there was a relationship of landlord and tenant between the parties. The rate of rent fixed under the deed dated 26.5.1980 was Rs.4,500/- per month. In the present suit, the following aspects are to be decided:

(3.) THE following issues were framed in this suit on 21.5.1999:-