CONNAUGHT PLAZA RESTAURANTS PVT LTD Vs. NIAMAT KAUR

JUDGEMENT

(1.) The respondent herein Mrs.Niamat Kaur is the owner of the premises bearing No.A-34, Khan Market, New Delhi admeasuring 2300 sq. feet comprising of the Ground, First and Second (Barsati) Floors (hereinafter referred to as "said property"). She had leased the said property to the petitioner under a registered lease agreement dated 12th February, 2001 (hereinafter referred to as "the agreement") for a period of 9 years by setting up and operation of McDonald's restaurant who had already entered into a joint venture with McDonald's India, a wholly owned subsidiary of McDonald's Corporation, USA for the purposes of running McDonald's outlets in India.

(2.) Some of the relevant terms of the lease deed are:

(3.) As per the agreement, the possession of the premises was handed over to the petitioner on the same day of execution of the lease agreement. A letter of possession was issued by the respondent in favour of the petitioner stating that possession of the premises has been handed over on 12.02.2001, which is also acknowledged by the respondent. A letter of undertaking was also issued by the Managing Director of the respondent in favour of the claimant undertaking that on vacating and handing over vacant physical possession of the premises on termination of the lease, the petitioner shall transfer back to the respondent, the electric load of 5 kws as per agreement.