INMACS LTD Vs. PREMA SINHA

JUDGEMENT

(1.) VIDE a registered deed of lease dated 8. 11. 2001, Ex. PW-1/4, flat no. 503, 43 Nehru Place, New Delhi in the building popularly known as Chiranjiv tower was let out to the appellant by late Mr. K. K. Sinha and his wife Smt. Prema sinha. On death of Mr. K. K. Sinha his children i. e. a daughter and two sons, along with their mother stepped into his shoes. The tenancy was for a period of 3 years with a covenant [clause III (1)] that if the lessee is desirous of having the lease renewed for a further term of 3 years, the lessee shall give at least 3 months' notice in writing before the expiration of the term of the lease intimating his intention to have the lease extended but the same would be at the increased rent by 10% of the existing rent which was fixed at Rs. 14,476/ -.

(2.) THE lease being for a period of 3 years came to an end on 7. 11. 2004 Admittedly, no notice in writing as per the requirement of clause III (1) was given by the appellant in writing and admittedly no fresh lease deed was executed between the parties, much less registered. But, the appellant continued to tender Rs. 14,476/- per month even after 7. 11. 2004 and the lessors continued to accept the same. 5 letters under which the last agreed rent i. e. Rs. 14,476/- was tendered are Ex. PW-1/d-1 to Ex. PW-1/d-5 written in the month of january, February, March, April and May 2006. It is also the admitted position between the parties that even for the prior months the last paid rent was tendered in sum of Rs. 14,476/- and accepted by the lessors.

(3.) ON 27. 9. 2005, vide Ex. PW-1/9, a legal notice was issued by the lessors to the appellant stating as under:-