SATISH CHAND JAIN Vs. GEETA BAJAJ

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for possession and recovery of mesne profits which the trial court has decreed in favour of the plaintiff-respondent. The defendant-appellant is, it appears, in occupation of a hall measuring 1450 sq.fts. approximately situate in the basement of property bearing No. C-1/5, Rana Pratap Bagh, Delhi. Since the contractual period of tenancy settled between the parties expired on 1st January, 2007, the plaintiff demanded return of possession and upon failure of the defendant to deliver the same filed a suit for recovery of possession and for mesne profits amounting to Rs.1,92,000/- for the period 1st January, 2007 to 30th April, 2008. The said suit has been decreed by the trial court in terms of the impugned judgment and decree holding that the defendant had no right to stay in occupation of the premises and also that the plaintiff was entitled to recover the penal rent stipulated in the lease agreement @ Rs.48,000/- per month for the period following 1st January, 2007 till surrender of possession of the premises with interest @6% per annum.

(2.) When the appeal came up for hearing before us on 7th May, 2007, we had directed the parties to remain present in person on 15th July, 2008 as we found some elements of a settlement in the case. The parties accordingly appeared on 15th July, 2008 and requested for an adjournment till 21st July, 2008 to enable them to finalize the terms on which they would amicably decide the matter.

(3.) Counsel for the appellant today submits that since the appellant has been in occupation of the premises for a long time and shall have to make alternative arrangements, he would require at least three months time to make such arrangements and to hand over the possession of the property to the plaintiff- respondent. He further submits that the trial court had decreed the suit for mesne profits @ Rs.48,000/- on the premise that the plaintiff is entitled to recover penal rent at three times the rent of Rs.16,000/- otherwise stipulated in the lease agreement. He urged that the lease agreement itself envisaged an enhancement of 20% in rent after every three years and that the rent/mesne profit should not have gone beyond Rs.19,200/- per month for the period 1st January, 2007 onwards till the date the premises is vacated. He urged on the instructions of the appellant who is also present in person that the appellant is willing to pay for the entire period reckoned from 1st January, 2007 till the date of vacation of the premises compensation for use and occupation @ Rs.19,200/- p.m. in substitution of the decree passed by the trial court @ Rs.48,000/- per month. He prayed for disposal of the appeal with the above modification.