SATISH KHOSLA Vs. ELI LILLY RANBAXY LIMITED

JUDGEMENT

(1.) By this Order, we propose to dispose of both the appeal being FAO.(OS).50/97 as well as Criminal Contempt Petition No.8/97. Before we deal with the merits of the matter, a few facts which are relevant for deciding these cases may briefly be stated as under:-

(2.) By a lease deed entered into between the parties on 2nd September, 1996, cottage No.6 at the Shanti Sports Club Complex, Vasant Kunj, New Delhi consisting of six bedrooms, one drawing-cum- dinning room, one entrance lounge, kitchen, seven bathrooms and servant room was let to the respondent by the appellant for the residence of its managing director Mr.Christopher J.Shaw and his family members. Simultaneously with the execution of the lease deed, certain other documents, namely, the Hire Agreement for hiring of the furniture, fittings, carpets, rugs, geysers, air-conditioners, refrigerators, etc., Agreement for Security Services and Maintenance and Service Agreement for providing maintenance for the house, furniture, electrical equipments, lawn and plants etc. were also entered into between the parties.

(3.) It appears that the lawn between cottage Nos.6 and 7 was being given on hire for marriages and private parties by the appellant which allegedly caused disturbance to the Managing Director of the respondent and a suit being suit No.3064/96 was thereupon filed by the respondents on or about 11th December, 1996. It was alleged in the plaint in the said suit that the appellant had represented to the respondents that the lawn between cottages 6 and 7 would always remain vacant and was meant to be used for the families of the occupants of the said cottages and their guests. However, due to the said lawn being given on hire for marriages and other parties, there was hardly any moment when respondent No.2 and his family had been able to have free and unobstructed access to the premises and enjoy its quiet and peaceful possession.