LAWS(DLH)-1997-10-57

UCO BANK Vs. AMAR NATH JINDAL

Decided On October 01, 1997
UCO BANK Appellant
V/S
AMAR NATH JINDAL Respondents

JUDGEMENT

(1.) This is a regular first appeal against judgment and decree dated 31/7/1996, decreeing the suit for recovery of possession, mesne profits amounting to Rs.18,700.00 upto 17/1/1994, alongwith pendente lite and future mesne profits at the rate of Rs.6,865.00 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. 1/1/1989 to 31/12/1993 at a rent of Rs.6,865.00 per month inclusive of all rates and taxes. This lease deed dated 8/11/1989 Ex.Public Witness 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 31/12/1993, the tenancy of the defendant came to an end on 31/12/1993 by efflux of time. The plaintiff-respondent, however, received a letter dated 5/1/1994 mentioning about an earlier letter dated 6/12/1993 seeking extension. The plaintiff-respondent replied the same on 11/1/1996 and requested the defendant to hand over the vacant possession of the suit property. Since the rent was more than Rs.3,500.00 per month, the premises were not covered by the Delhi Rent Control Act. After the expiry of 31/12/1993, the defendant/appellant did not have any right to remain in possession of the property. Accordingly, the plaintiff-respondent claimed damages at the rate of Rs.1,100.00 per day from 1/1/1994 till the filing of the suit total amounting to Rs.18,700.00. 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 30/11/1993 Under Certificate of Posting. The defendant/appellant was not liable to pay any damages since he continued to be the tenant from 1/1/1994 at the rent enhanced by 15% per annum i.e. at the rate of Rs.7,895.00 per month. The defendant had also tendered rent for the period from 1/1/1994 to 1/6/1994 at the enhanced rate. But the plaintiff refused to receive the same with ulterior motive.