BNDHU MACHINERY PM LTD Vs. OM PRAKASH SHIKKA

JUDGEMENT

(1.) THE present appeal is preferred by the -appellant against the judgment and decree passed by the learned Additional District Judge, Delhi in Suit No. 287/04, directing the appellant/tenant to hand over possession of the suit premises to the respondent/landlord. Vide the said judgment the appellant has also been directed to pay mesne profits at Rs. 25,000/- (rupees twenty five thousand) per month with effect from 1st May, 2004, till the suit premises is vacated.

(2.) THE plaintiff is the owner of property. bearing No. D-854, New Friends colony, New Delhi. The suit property was given out on rent by the plaintiff/respondent to the appellant/company for use as residence of their officer, namely, Shri Prem Bandhu Gupta vide rent deed dated 1st May, 1998, for a period of three years at a rental of Rs. 19,500/- (rupees nineteen thousand five hundred ). Upon expiry of the aforesaid rent deed the parties executed a fresh rent deed for a period of three years from 1st May, 2001 at a monthly rent of Rs. 25,000/- (rupees twenty five thousand ).

(3.) BY a letter dated 29th April, 2004, the plaintiff informed the appellant-company, that since the-tenancy would expire by efflux of time on 30th April, 2004, the possession of the suit premises should be handed over to the plaintiff-landlord's nominee on the 1st of May, 2004. The landlord states that the tenant refused to hand over physical possession of the suit property to the nominee on 1st May, 2004.