JOGINDER LAL KUTHIALA Vs. BANK OF INDIA

JUDGEMENT

(1.) This is a suit filed by the plaintiffs against the defendant based on landlord-tenant relationship seeking recovery of possession and damages/mesne profit.

(2.) The suit premises are B-7, Connaught Place, Kothiala Building New Delhi. The plaintiffs are the landlords. The defendant was inducted as a tenant in a part of the property marked in red in the site plan annexed with the plaint admeasuring 2225 sq.ft ( approx.) w.e.f. 5.12.1982 under a deed of lease dated 30.11.1984 ( Ex. DW1/1). The lease was for a period of three years with a clause for renewal for another three years subject to an increase in the rent by 15%. On the date of the suit, the defendant was holding the premises at a monthly rent of Rs. 9200.00. The defendant was served by the plaintiffs through their counsel with a notice dated 12.12.1988 under Section 106 of the Transfer of Property Act terminating the tenancy of the defendant with the expiry of the day of 5.1.1989.

(3.) According to the plaintiffs, tenancy of the defendant having been terminated the defendant is liable to restore the possession over the premises to the plaintiff-landlords who are also owners of the premises. The suit premises are situated in a prima locality of New Delhi which can fetch rental at the rate of Rs. 3000.00per day.