SHYAM SUNDER Vs. RAKAVI HOSPITALITY

JUDGEMENT

(1.) IA No.3092/2014 (O.XII Rule 6 CPC) in CS (OS) NO. 2026/2013 1. Reply to the application has not been filed by the Defendants despite opportunity being granted to them.

(2.) THIS suit for possession, recovery of rent, mesne profits, permanent and mandatory injunction was filed by the Plaintiffs against the Defendants with the averments that Defendant no.1, which is a partnership firm of Defendants no.2 and 3, was inducted as a tenant in the second floor of the property bearing no.N -11, Market Greater Kailash -I, New Delhi -110048, measuring 1765 sq.ft. w.e.f. 01.05.2012 by a registered Lease Deed dated 23.04.2012. Initially, the rate of rent was Rs.5,75,000/ - per month but there was periodic increase in the rent and hence, the rate payable w.e.f. 01.11.2013 was Rs.6 lacs per month. It is averred that Defendant no.1 defaulted in payment of rent. Cheques issued by Defendant no.1 towards rent for months of February, 2013 to May, 2013 were dishonoured as a result of which a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act) was filed in the court of Metropolitan Magistrate concerned.

(3.) ON repeated insistence, Defendant no.1 issued two pay orders dated 27.05.2013 and 03.07.2013 for Rs.2,91,000/ - each and consequently, the complaint under Section 138 of the N.I. Act was withdrawn. However, Defendant no.1 failed to pay rent even for subsequent period. Therefore, the Plaintiff by a legal notice dated 22.08.2013 terminated Defendant no.1's tenancy w.e.f. 30.09.2013.