PYARA LAL TAHEEM Vs. MOHAN MURTI SHANDILYA

JUDGEMENT

(1.) Ia No.18426 of 2012 (under Order 15A Rule 2 CPC by the Plaintiffs)

(2.) The background to the present application is that the aforementioned suit was filed by the Plaintiffs for a decree of possession of the property at C- 106, Ground Floor and First Floor, NDSE Part-II, New Delhi-110049 (hereafter referred to as the "suit premises") (shown in red in the site plan attached to the plaint); for a decree of recovery of rent for a sum of Rs.6,40,000; for a decree of mesne profits at Rs.2,40,000 per month with effect from 1st April, 2012 and costs.

(3.) The case of the Plaintiffs is that they are the owners and landlords of the suit premises. The Plaintiffs and the Defendant entered into a lease deed dated 3rd December, 2010 which is duly registered. In terms thereof the Plaintiffs as lessor granted to the Defendant-Lessee the lease of the ground floor and the first floor of the suit premises together with car parking space in the drive way with complete fittings and fixtures, along with one servants quarter with kitchen on a monthly rent of Rs.1,60,000 excluding electricity and water charges. The lease was for a period of three years commencing from 1st December, 2010 and ending on 30th November, 2012. Clause 1 of the lease deed mentions the payment schedule including the three months' advance rent and three months' security. Apart from a cheque dated 26th November 2010 for Rs.9,60,000 (towards three months' advance rent and three months' security), post-dated cheques for the period beginning from 1 st March, 2011 up to 1st December, 2012 for Rs.80,000/- each were issued.