ISHPINDER KOCHHAR Vs. DELUXE DENTELLES(P) LTD

JUDGEMENT

(1.) NWAS to commence with effect from 18.11.1999 and is also stated to have expired on 28.2.2011. It is stated that defendants paid the entire rent for the lease period of 11 year 11 months amounting to Rs. 4,39,224/ -. The actual payment was made after deduction of TDS of Rs.65,884/ -. It is further averred that as per the Agreement to lease the rent was fixed at Rs. 2,650/ - per month and the rent was to be enhanced by 10% after every three years. Hence, it is stated that with effect from 17.11.2002 the rent went upto Rs. 2,915/ -. Thereafter with effect from 17.11.2005 the rent is stated to have gone upto Rs. 3,207/ -. It is further stated that from 17.11.2008 the rent has gone upto Rs. 3,527/ -. It is further stated that if the said amount of Rs. 4,39,224 is bifurcated for 11 year 11 months then it would be in accordance with the calculation of rent as stated by the plaintiff after the necessary enhancement of 10% after every three years. There is a small difference of Rs. 13 in these calculations.

(2.) IT is further averred that the said agreement of lease being an unregistered document, the tenancy of the defendants was on month to month basis. Further, as the rent of the premises with effect from 17.11.2008 stood enhanced to Rs.3,527/ - per month, after 17.11.2008 the tenancy stood governed by the provisions of the Transfer of Property Act, 1882.

(3.) IT is stated that defendant instead of complying with the terms of the said legal notice dated 3.5.2010 sent a reply dated 30.6.2010 where the contentions of the plaintiff have been denied. Hence, the plaintiff has filed the present Suit for possession, mesne profit and damages.