AMIT BHALLA AND ORS. Vs. BHARAT RAO

JUDGEMENT

(1.) RFA(OS) 96/2015 By a registered lease-deed dated January 21, 2013, flats bearing No.1216 to 1220 situated on the 12th floor of a building known as Naurang House, 21 Kasturba Gandhi Marg, New Delhi were let-out by the appellants to the respondent with effect from January 15, 2013. An interest free security deposit in sum of Rs. 27,60,000/- (Rupees Twenty Seven Lac Sixty Thousand only) was received by the appellants from the respondent. Though the lease was for a period five years, lock-in period was of one year i.e. after one year the respondent could terminate the lease.

(2.) On January 15, 2014 the respondent gave notice that the lease would be determined with effect from April 15, 2014 and prayed that security deposit be refunded when possession would be handed over. The appellants raised an issue of the property let-out as also fittings and fixtures provided.

(3.) Learning of the suit being filed and listed for admission before the learned Single Judge on May 02, 2014, counsel for the appellants appeared and agreed that as prayed by the respondent a local commissioner be appointed to inspect the tenanted premises. The order passed by consent of the parties concerning appointment of a local commissioner and his mandate reads as under:-