HINDUSTAN LEVER LIMITED Vs. DAN SINGH BAWA

JUDGEMENT

(1.) The legality of award of damages @ Rs.45/- per sq. feet for use and occupation of Marshal House in Block no:127, Hanuman Road, New Delhi w.e.f. Ist, July 1993 upto 24th December, 2001 has been questioned by the Lesser/defendant in this appeal.

(2.) Un-disputed facts are that vide lease deed dated 31.08.1990 aforesaid suit premises was leased out by the plaintiff/respondent to the defendant/appellant at Rs.10,375/- per month. The lease commenced w.e.f. Ist July, 1988 and came to an end on 30th June, 1993 by afflux of time. The option to renew this lease was not expressly exercised by the appellant/defendant and the respondent/plaintiff sought possession of suit premises vide telegraphic notice dated 30.06.1993 but appellant/defendant did not respond to it.

(3.) Respondent/plaintiff in suit for possession claimed mesne profits/damages for use and occupation of suit premises w.e.f. 1.7.1993 to 31.3.1994 @ Rs. 45/- per sq. ft. with interest @ 18% quantified at Rs.8,90,797.32 p. Pendente lite and future damages i.e. till vacation of suit premises, were demanded @ 45/- per sq. ft. Appellant/defendant resisted the suit mainly on the ground that respondent/plaintiff had waived giving of formal notice for extending the lease in question.