MAHANAGAR TELEPHONE NIGAM LTD Vs. SANTOSH GUPTA

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment of the Trial Court dated 25.7.2011 decreeing the suit of the respondent/plaintiff/landlord for possession and mesne profits with respect to the suit premises being the ground floor of the property bearing no. S- 164, School Complex, Shakarpur, New Delhi.

(2.) THE facts for the case are that the appellant/defendant became a tenant of the suit premises vide a registered lease deed dated 17.8.2005 for a period of three years. Though the lease deed had a renewal clause, no fresh lease deed was executed for the optional period of three years and consequently the respondent/landlord terminated the tenancy by serving a legal notice dated 21.7.2008. As the appellant/defendant failed to vacate the premises and to pay the mesne profits, the subject suit came to be filed.

(3.) SO far as the issue of mesne profits is concerned, the same are payable with effect from 17.8.2008, the date from which the tenancy stood terminated. The respondent/plaintiff filed before the Trial Court two lease deeds of the same area, the first dated 20.9.2006 and second of the year 2009, as per which lease deeds, Ex.PW-3/1 and Ex.PW-4/1, the rate of rent was Rs.35/- per square feet per month and Rs.105/- per square feet per month respectively. The Trial Court has taken the rate for mesne profits to be payable on a conservative rate of Rs.35/- per square feet per month. The relevant paras in this regard are paras 19 to 22 of the impugned judgment and which read as under:-