HINDUSTAN STEEL PRIVATE LIMITED Vs. USHA RANI GUPTA

JUDGEMENT

(1.) This is defendant's appeal from the Judgment and decree of the Court of a Subordinate Judge whereby the plaintiff's suit for recovery of Rs. 3,000.00 viz Rs 700/ on account of arrears of rent for the period 1st March, 1957 to 19th March, 1957 and Rs. 2,300.00 on account of damages for the period 20th March, 1957 to 19th April 195/ was decre, d with costs.

(2.) The plaintiff is the owner of a building in Sunde.r Nagar, New Delhi, the constrution of which was completed in or about March 1954. The defendant, Hindustan Steel (Private Limited), took up the said building on 20th March, 1954 on a monthly rent of Rs. 1,150.00 exclusive of water and electric charges, on a fixed term lease for 3 years expiring on 19th March, 1957. It appears that the lease was in the name of the defendant but the actual occupation of the first floor was from 10th September, 1955 with the Ministry of Iron and Steel, Government of India, New Delhi, while the ground floor was occupied by Messrs Kruppdemag Indiengemeinchaft. On 19th March, 1957, the defendant with a viaw to absolve itself of its responsibility for payment of rent, and also because of the lease having come to an end by efflux of time, gave a notice to the plaintiff signifying, its intention to quit the property. The actual possession of the property was, however, not surrendered to the plaintiff till 21st August, 1957. Meanwhile, on 24th April, 1957 the plaintiff filed a suit against the defendant for recovery of arrears of rent at the rate of Rs. 1,150.00 per mensem for the period 1st March, 1957 to 19th March 1957 and for damage at the rate of Rs. 2,300.00 per mensem from 20th March, 195/ to 19th April, 195/. The claim for damages was made on the allegation that the defendant was wilfully and contumaciously holding over for the aforesaid period although the leass had corn "to an end by efflux of tims and the difendant itself hid served a notice on the plaintiff signifying its intention to quit on 19th March, 195/.

(3.) The defendant resisted the plaintiff's claim aid pleaded interalia that the actual occupation of the first floor of the premises was to the knowledge of the plaintiff, with the Union of India through the Ministry of Iron and Steel while the graund floor was in the occupation of Messrs Krupp Damag Indiengemeinchaft since 10th September, 1955 ; the defendant was therefore not liable for payment of any rent or damages. The plaintiff's right to claim damages at the rate of Rs. 2,30.00 per mensem was also denied.