GREAVES COTTON LIMITED Vs. SANTOSH PASSI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 2.4.2005 passed by the additional District Judge, Delhi in Suit No. 264/2004 titled Mrs. Santosh Passi and Ors. vs. M/s. Greaves Limited.

(2.) BRIEFLY stated the facts leading to this appeal are that on 28.2.2003, the respondent herein (plaintiff in the suit) filed suit for possession of property bearingNo.22A, situated at Janpath, New Delhi. Respondents claimed to be the joint owners of the said property. It was alleged in the plaint that the defendant in the suit (appellant herein) was inducted as lessee with respect to the mezzanine floor and the first floor of the aforesaid property vide registered lease deed dated 4.12.1972. Initially the said lease was for 20 years but thereafter a fresh lease deed dated 4.11.82 was executed whereby terms and conditions of the earlier lease deed dated 4.12.72 were extended for another period of 10 years. Thus the lease stood determined by afflux of time on 30.11.2002 as the plaintiffs were not inclined to extend the lease further. They also sent a notice dated 5.11.2002 asking the defendant/appellant to hand over the possession of the demised premises by 30.11.2002. The appellant/defendant sent a reply dated 28.11.2002 to the said notice wherein they claimed a unilateral right to extend the lease. Plaintiffs' contention in the suit was that the defendants' possession after 30.11.2002 was unauthorised and illegal. Plaintiff also claimed a sum of Rs. 11,190.20 towards pump power charges from 8.10.2001 to 4.12.2001 and Rs. 7105/ - from 4.12.2001 to 5.2.2002 besides interest thereon. Plaintiff further claimed mesne profits/damages for use and occupation of the premises @ Rs. 4,60,000/ - per month from December 2000 onwards.

(3.) WE have heard learned counsel for the parties and perused the record.