SAKATA INX (INDIA) LTD Vs. POOJA AGGARWAL

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 29.7.2010 decreeing the suit of the respondent/plaintiff/landlady for possession and mesne profits of the tenanted premises being flat No. 614, 6th Floor, Devika Towers, 6, Nehru Place, New Delhi admeasuring 500sq. ft.

(2.) THE facts of the case are that the suit premises were let out to the appellant/defendant/tenant at a monthly rent of Rs.10,000/- per month i.e. at Rs.20 per sq. ft. per month, for a period of three years with effect from 1.8.2003. Since there was no mutual agreement of renewal, the tenancy was terminated by the respondent/plaintiff/landlady by means of a legal notice under Section 106 of the Transfer of Property Act, 1882 dated 10.11.2006. As the appellant/defendant failed to vacate the suit premises and failed to pay the mesne profits, the subject suit for possession and mesne profits came to be filed.

(3.) ON the aspect of mesne profits, the trial Court has awarded mesne profits @ 80 per sq. ft. per month by observing as under:-