LALIT MADHAN Vs. PRAMOD KALRA

JUDGEMENT

(1.) The appeal impugns the judgment and decree (dated 6th April, 2013 of the Court of the Additional District Judge (ADJ) (Central-07), Tis Hazari Courts, Delhi in Civil Suit No.116/2010 filed by the respondent/plaintiff/landlord against the appellant/defendant/tenant) (i) of ejectment of the appellant/defendant/tenant from Flat No.908, 9th Floor, Hemkunt Tower, Rajendra Place, New Delhi; (ii) for recovery from the appellant/defendant/tenant of interest @ 12% per annum on the rent of Rs.2,645/- per month from 8th July, 2007 to 26th June, 2010 calculated for the period from 24th May, 2010 to 27th July, 2011; and, (iii) for recovery from the appellant/defendant/tenant of mesne profits/damages for use and occupation of Rs.5,725/- per month (less the amount paid during the pendency of the suit to the respondent/plaintiff/landlord and towards maintenance charges) from 27th June, 2010, till the date of delivery of possession.

(2.) The respondent/plaintiff/landlord had instituted the suit from which this appeal, arises inter alia pleading, that the appellant/defendant/tenant was a tenant under the respondent/plaintiff/landlord in the flat aforesaid; that the rent of the flat was in excess of Rs.3,500/- per month and the provisions of the Delhi Rent Control Act, 1958 thus did not apply thereto; that the appellant/defendant/tenant after the determination of the tenancy was in unauthorized use and occupation thereof.

(3.) The law with respect to such disputes, on each and every aspect, is by and large well settled in the plethora of such cases which have come up before the Courts.