VASARI INDIA PVT LTD Vs. GHANSHYAM DASS SONI

JUDGEMENT

(1.) LEARNED counsel for the appellants states that the proof of the pudding lies in its eating; may be true, but not when the pudding is stinking.

(2.) UNDER a registered lease deed, the suit property was let out by the owners of the property, i.e. the respondents herein, to the appellant having its registered office at 610, Udyog Vihar, Phase V, Gurgaon, Haryana. The property let out, as per the lease deed, was the ground floor of premises bearing Municipal No.15A/53 and 15A/54, W.E.A. Ajmal Khan Road, Karol Bagh, New Delhi. The agreed period of lease was nine years, commencing from July 1, 2004. The lease was thus to come to an end on the mid night of June 30, 2013. As per the lease deed, the initial agreed rent was Rs.3,31,000/- per month which had to increase every three years, as per clause 4 of the lease deed; wherein escalation by 12.5% has been agreed to between the parties every three years.

(3.) ALLEGING that the tenant paid the agreed rent upto June 30, 2007 and further paid agreed increased rent till February 2009, it was alleged in the plaint by the respondents that rent commencing from the month of March, 2009 became due and thereafter there was a continuous default in payment of rent till when the suit was instituted on the first day of May, 2010. In paragraph 10 of the plaint, it was averred that the default in payment of rent continued notwithstanding the plaintiffs having sent letters by registered post, acknowledgement due, on 5th and 15th June, 2009, 21st July, 2009, 15th September, 2009, 5th October, 2009. In paragraph 12 and 13, it was pleaded that even on February 24, 2010 notice was issued and served upon the tenant informing that there was a default in payment of rent. In paragraph 15 of the plaint, it was averred that lastly, on March 3, 2010 a legal notice by registered AD post was served upon the defendant calling upon the defendant to pay the arrears of rent but to no avail.