NARENDER GUPTA HUF Vs. VIGNESHWARA DEVELOPWELL PVT LTD

JUDGEMENT

(1.) THE plaintiff is the owner of the shop bearing number G-20, Aggarwal Cyber Plaza, Netaji Subhash Place, Pitampura, Delhi-110 034. The above referred shop was let out by the plaintiff to the defendant for a period of 33 months. A registered lease deed between the parties was executed in this regard. The rent of the aforesaid shop was agreed between the parties as under:

(2.) FOR the month of March, April and June, 2009, the plaintiff had given relaxation of Rs.2,16,250/- per month in the rent to the defendants. A notice dated 4.7.2009 was sent by the defendants, to the plaintiff, for handing over possession and refund of security deposit. This, according to the plaintiff, was contrary to the terms and conditions of the lease deed, which envisaged three months' advance notice to be given by the defendants and the security was refundable only after handing over peaceful and vacant possession of the premises to it. The plaintiff has claimed Rs.2,66,250/- towards unpaid rent for July, 2009, Rs.27424/- as service tax on that amount, Rs.7,98,750/- being rent for three months and service tax amounting to Rs.82,272/- on that amount, Rs.40,625/- towards enhancement of rent for two and a half months and Rs.4,185/- towards service tax on that amount. Thus, a total of Rs.12,19,506/- has been claimed. After adjustment of the security deposit of Rs.10 lac, a sum of Rs.2,19,505/-, according to plaintiff, remained due to it from the defendants towards arrears of rent and service tax. The plaintiff has also claimed mesne profits amounting to Rs. 6,99,250/- @ Rs.3,46,125/- per month for the period from 17.10.2009 to 17.12.2009. A decree for possession of the suit premises was also sought in the suit along with permanent injunction restraining defendants from creating any third party rights in terms of the suit premises. During pendency of this suit, defendants vacated the suit premises and the disputes between the parties are now limited to the security deposit, arrears of rent and mesne profits/ damages for use and occupation.

(3.) THE MoUs executed between the parties are Ex.P2, P3 and P6. The relevant clauses of Ex.P2 are as follows: