GAJENDER KUMAR LOOND Vs. SAMANT BARARA

JUDGEMENT

(1.) This order will dispose of an application under Order XII Rule 6 of the Code of Civil Procedure moved by the plaintiff.

(2.) The facts succinctly stated for the purpose of the present order are that the plaintiff filed the above suit, inter alia, claiming recovery of arrears of rent of Rs. 74,71,000/- along with the agreed rate of interest @ 18% per month predicated on a registered Lease Deed executed by the plaintiff on 19.11.2009, leasing to the defendant the commercial property bearing No.M-40 (Market), Greater Kailash-II, New Delhi-110048, having built up area of approximately 8,000 sq. ft. super area on a monthly rent of Rs. 9,50,000/- after deducting the TDS. The said lease was executed for a period of 9 years with the lock-in-period' of 36 months, commencing from 01.11.2009. It was also agreed between the parties that the monthly rent shall be increased equivalent to 15% over and above the amount of rent last paid, every three years during the lease period. It was further agreed by the defendant that in case of any delay in paying the monthly rent beyond the period of first day of each calendar month, the same shall attract penal interest @ 18% per month on delayed monthly rent.

(3.) In terms of the Lease Deed, the possession of the said property was handed over to the defendant on the first day of November, 2009 for carrying out the repairs and doing the interiors, though the rent commenced from 01.01.2010. The term of the lease commencing from the effective date, that is, 01.11.2009, was to expire at the end of 108 months with the lock-in-period of 36 months as stated above. It was also agreed between the parties that in case the defendant terminates or causes breach of any term of the agreement during the lock-in-period, in that event the defendant shall pay the entire rent for the remaining lock-in-period, i.e., balance unexpired term of the lockin-period of 36 months and for the aforesaid purpose, the lessor shall have lien on the entire stocks, goods, machinery, equipment, inventories, etc. or any other item belonging to the lessee.