SWARAN MAKKAR Vs. DAYAL CHAND KISHORI LAL

JUDGEMENT

(1.) The present appeal has been preferred under Order 43 Rule 1 CPC by the appellant/plaintiff against order dtd. 1/10/2022 passed by the learned Additional District Judge-11, Central District, Tis Hazari Courts, Delhi in CS DJ No. 10175/16.

(2.) The facts, in nutshell, are that the appellant had filed the underlying suit for possession, arrears of property tax, mesne profits etc. In the plaint, it was claimed that the respondent/defendant is a tenant of part of ground floor, entire first floor and part of second floor (barsati) in property bearing No. 2407-19, Hardhian Singh Road, Ajmal Khan Road, Karol Bagh, New Delhi-05. It was further claimed that initially, separate tenancies were created in the names of Dayal Chand and Gangra Ram (partners of defendant/respondent) however subsequently, a consolidated rent was paid by the present respondent/defendant.

(3.) Mr. K.K. Bhuchar, learned counsel for the appellant, submitted that the appellant had terminated the tenancy and the last consolidated rent of Rs.6,655.00 was received till April, 2014. He further submitted that although in the application filed, a direction to the respondent for deposit of Rs.12.00 lacs per month towards use and occupation charges was sought, during the submissions before the Trial Court, only an amount of Rs.8.00 lacs was demanded. While relying on the lease deeds with respect to various other properties in the adjacent vicinity, one of which was executed by none other than the partner of the respondent-firm, it was submitted that average rent is Rs.145.00 per sq. ft. It was also submitted that all the lease deeds provide for a minimum 10% increase in every three years.