C B AGGARWAL Vs. P KRISHNA KAPOOR

JUDGEMENT

(1.) The present suit has been instituted by the plaintiff for recovery of Rs. l,10,000.00 with costs and future interest. The case of the plaintiff is that he is the Principal of Government Senior School, and, at the time of institution of the suit, was working in Government Co-educational Senior Secondary School, Issapur, Delhi. The plaintiff, along with one Ishwar Dass Mahajan, had taken on rent the premises bearing No. F-122, Rajouri Garden, New Delhi, at a monthly rent of Rs. 350.00 exclusive of electric and water chargers vide lease deed dated 27th May, 1964 from the defendant.' The lease deed dated 27th May, 1964 provided the terms and conditions which were to govern the relationship of the landlord and the tenant. Clause (f) of the lease deed reads as under :-

(2.) The plaintiff has stated in the plaint that the grounds made out by the defendant in the petition were not available to the defendant under law and were totally based upon concocted facts which never existed. The plaintiff has stated in detail in the plaint as to how the grounds were not available to the defendant herein for instituting a petition under Section 14 (1) of the Delhi Rent Control Act. The plaintiff further states that the defendant filed a petition under Section 14 (1)(a) of the Act on 10th December 1975. This petition and even the previous petition were the product of her nefarious and evil designs to harass the plaintiff into a time-consuming and money-consuming litigations. The plaintiff, as a result of this frivolous litigation, had to waste time and money, besides undergoing torture and simultaneously he was losing respect and reputation in the estimation of his friends, colleagues, relations, employers and the various officers of the Directorate of Education because of this litigation. It is stated in the plairit that the defendant had always been motivated to cause 44 obstacles and tremendous difficulties to the plaintiff particularly from April 1969 and she did not present the monthly cheques to her bankers every month and deliberately accumulated them so as to somehow or the other manoeuvre to create three consecutive monthly defaults in the payment of rent by the plaintiff and institute petition for default under the provisions of the Delhi Rent Control Act.

(3.) The plaintiff, for these reasons, had claimed damages of Rs. 3,10,000.00 from the defendant but restricted his right to claim damages to the extent of Rs. 1,10,000.00 only. Out of this sum, an amount of Rs. l,00,000.00 has been claimed by the plaintiff on account of damages suffered by him because of false, frivolous, vexatious and unwarranted litigation launched by the defendant, and on account of the tortures, agony, humiliation, harassment suffered because of the false and frivolous litigation for the institution of which the defendant had no bona fide reasons. This amount also includes the amount claimed by the plaintiff because of the loss in reputation in society, amongst nefarious and evil designs to harass the plaintiff into a time-consuming and money-consuming litigations. The plaintiff, as a result of this frivolous litigation, had to waste time and money, besides undergoing torture and simultaneously he was losing respect and reputation in the estimation of his friends, colleagues, relations, employers and the various officers of the Directorate of Education because of this litigation. It is stated in the plaint that the defendant had always been motivated to cause obstacles and tremendous difficulties to the plaintiff particularly from April 1969 and she did not present the monthly cheques to her bankers every month and deliberately accumulated them so as to somehow or the other manoeuvre to create three consecutive monthly defaults in the payment of rent by the plaintiff and institute petition for default under the provisions of the Delhi Rent Control Act.