S. SHANKAR Vs. RAMA PANELS PVT. LTD.

JUDGEMENT

(1.) S.Shankar and his wife Rajalakshmi are the owners of a flat at the rear of the first floor of property bearing

(2.) Under a duly registered leave and a license agreement dated November 17, 2005 the flat was let out/licensed to Rama Panels for a period of eleven months on the express term that the property shall be used for the residence of any director or officer of the company. License fee/rent payable was Rs. 20,000/- per month. There was a supplementary agreement of even date as per which Rama Panels was to pay to their landlords Rs. 2,500/- per month for certain services. The agreement was extended from time to time on the same terms save and except those of the supplementary agreement concerning payment of money for services. Said amount was enhanced and on the terms of the contract last entered into stood increased to Rs. 5,000/- per month.

(3.) Asserting that the possession of the company became unauthorized on August 08, 2008 and relying upon the term of the agreement that if the company did not vacate the premises by the stipulated date it would be liable to pay license fee at a penal rate of Rs. 2,000/- per day, a suit was filed by S.Shankar and Rajalakshmi praying for a decree for possession and damages in sum of Rs. 2,32,600/- which were calculated on the basis of the term of the agreement that for overstay beyond the agreed period the company shall pay penal license fee @ Rs. 2,000/- per day. Damages pendente lite were also claimed. In paragraph 16 of the plaint S.Shankar and Rajalakshmi pleaded as under:-