SATISH KUMAR SOOD Vs. SIZZLER RESTAURANT PVT. LTD.

JUDGEMENT

(1.) THE present suit is a suit for possession, mesne profit and damages.

(2.) THE plaintiff is the sole proprietor of Eros Cinema -cum - Commercial Complex. Defendant had approached the plaintiff to take on lease a space for an ice -cream parlour in the aforenoted complex. Lease deed dated 20.4.2012 had been entered into by the parties. It was for a space of 434 sq. feet super area on the ground floor of Eros Cinema Building, Jangpura Extension, New Delhi. Lease commenced on 28.3.2012, it was a monthly lease for an initial period of three years renewable at the option of defendant for further period of three years for a maximum of 9 years. Rent payable was Rs.56,420/ - per month for the super area of 434 sq. ft. This monthly rent was payable in advance by the 7th day of each calendar month. Lease deed also provided that the defendant would pay an interest free refundable security deposit of Rs.2,25,680/ - equivalent to 4 months rent. This security amount was deposited by the defendant. The lease deed was not registered. Present suit as noted supra was filed with a prayer for recovery of possession of the suit property as arrears of rent had not been paid by the defendant.

(3.) ON the application of the plaintiff under Order 8 Rule 10 of the CPC the Court held that the plaintiff is entitled to a decree for possession. A decree of ejectment was accordingly passed in favour of the plaintiff and against the defendant qua the suit property. Decree sheet was prepared on 25.4.2014. The suit property was finally handed back to the plaintiff on 07.6.2014.