VED PRAKASH KHULLAR Vs. GENELEC LIMITED

JUDGEMENT

(1.) This is a suit for possession of Property No.11, Commununity Centre, Basant Lok, Vasant Vihar, New Delhi. The tenant has not been paying any rent for years. It neither wants to vacate the premises nor it wants to pay anything towards rent. It claims that these privileges are conferred on it by the Sick Industrial Companies (Special Provisions) Act,1985. The case is a glaring example of abuse of the provisions of the said Act.

(2.) Vide lease deed dated 25th November,1981, the defendant company took on lease the suit property comprising of ground floor, first floor, basement, loft and mazanine floor and projector on a monthly rent of Rs.29,686.00 . The lease deed is dated 25th November,1981 and was registered with the Sub-Registrar, New Delhi onllthMarch,1982. The plaintiff has filed the plan of the property comprised in the tenancy of the defendant. The lease deed was initialy for a period of three years w.e.f. 1st March, 1982 and contained an option for the defendant to extend it for a further period of two years on enhancement of rent at 10%. The tenant exercised the option and as such the period of tenancy under the lease deed expired on the mid night between 28th February,1987 and 1st March,1987. The defendant company continues to occupy the premises even thereafter.

(3.) The plaintiff has alleged that there have been defaults in payment of rent by the defendant for which claim has been made in the plaint on account of arrears of rent and also for mesne profits after the termination of tenancy of the defendant by the plaintiff.