RAVI CHAUDHARY Vs. KANTA AHUJA

JUDGEMENT

(1.) Exemption allowed, subject to all just exceptions.

(2.) A Lease Deed dated 16th October, 2014 registered in the Office of Sub-Registrar on the same day was executed between the parties by which the respondent/plaintiff let out her said property together with fixtures and fittings to the appellant/defendant for a period of two years with effect from 16th October, 2014 on rent @ Rs. 20,000/- per month. The appellant/defendant paid rent of the property in question to the plaintiff/respondent upto May, 2015 only which led the plaintiff to issue a notice to the appellant/defendant dated 24th August, 2015 demanding the balance amount of rent. Notice was not replied. As per the terms and conditions of the Lease Deed, the appellant/defendant has also not paid the electricity and water charges which were Rs. 15,340/-. As per Clause 8.1 it was provided that the lessor shall be entitled to terminate the lease if the lessee commits defaults in payment of rent of one month. Under Clause 8.2 either party shall be entitled to terminate the lease by giving two months? notice without assigning any reason with lock in period of one year. Since the appellant/defendant had committed default in making the payment of rent post May, 2015, the respondent/plaintiff vide notice dated 12th October, 2015 demanded the arrears of rent with interest and terminated the lease. This notice was also not responded by the appellant.

(3.) At the time of filing of the suit on 23rd November, 2015, the appellant was in arrears of rent of Rs. 1,00,000/- and electricity charges of Rs. 15,340/-. The respondent/ plaintiff has also claimed mesne profits for the month of November, 2015 @ Rs. 40,000/-. Respondent/plaintiff also claimed Rs. 6,000/- as interest on the arrears of rent. The respondent/plaintiff filed the suit for ejectment of the appellant from the property in question, recovery of Rs. 1,61,350/- which includes arrears of rent, mesne profits of Rs. 40,000/- for November, 2015, interest Rs. 6,000/- and electricity charges Rs. 15,340/-. She also claimed mesne profits with effect from December, 2015 till the date of delivery of possession with interest @24% per annum.