UCO BANK Vs. AMAR NATH JINDAL

JUDGEMENT

(1.) -This is a regular first appeal against judgment and decree dated 31st July. 1996 decreeing the suit for recovery of possession, mesne profits amounting to Rs. 18,700/- up to 17th January 1994, along with pendente lite and future mesne profits at the rate of Rs. 6,865/- per month and interest @ 15% per annum.

(2.) Plaintiff/respondent Amar Nath Jindal is the owner and landlord of property known as Jindal House bearing No. 270/2-3, Shri Asha Ram Road, G.T. Road, Shahdara, Delhi. He had let out the ground floor and mezzanine floor of the aforesaid property for a period of five years w.e.f. 1st January 1989 to 31st December 1995 at a rent of Rs. 6865/- per month inclusive of all rates and taxes. This lease deed dated 8th November 1989 Ex. P. W. 2/D-15 was duly executed and registered. This lease deed also provided for a renewal clause. Since the defendant did not get the lease renewed by giving one month's notice, before expiration of the term of the least on 31st December 1993, the tenancy of the defendant came to an end on 31st December 1993 by efflux of time. The plaintiff respondent, however, received a letter dated 5th January 1994 mentioning about an earlier letter dated 6th December 1993 seeking extension. The plaintiff respondent replied the same on llth January 1996 and requested the defendant to hand over the vacant possession of the suit property. Since the rent was more than 3,500 per month, the premises were not covered by the Delhi Rent Control Act. After the expiry of 31st December 1993, the defendant/appellant did not have any right to remain in the possession of the property. Accordingly, the plaintiff/respondent claimed damages at the rate of Rs. 1100/- per day from 1st January 1994 till the filing of the suit total amounting to Rs. 18,700/ He also claimed damages/mesne profits during pendency of the suit as well as till the date of delivery of possession. The plaintiff also claimed interest at the rate of 18% per annum with amount of decree from the date of suit till realisation of the decretal amount.

(3.) The defendant/appellant contested the suit and claimed that the appellant/defendant had already exercised option in accordance with the terms and conditions of the lease to continue the tenancy for another five years in their verbal talks and meetings and also by sending letter dated 30th November 1993 Under Certificate of Posting. The defendant /appellant was not liable to pay any damages since he continued to be the tenant from 1st January 1994 at the rent enhanced by 15% per annum i.e. at the rate of Rs. 7,895/- per month. The defendant had also tendered rent for the period from January 1994 to June 1994 at the enchanced rate. But the plaintiff refused to receive the same with ulterior motive.