CANARA BANK Vs. THE DELHI KARNATAKA SANGHA

JUDGEMENT

(1.) The Delhi Karnataka Sangh (hereinafter "?Plaintiff "?) had entered into a lease with Canara Bank (hereinafter "?Defendant "?) for property ad-measuring 5715.78 Sq. ft. at Sector 12, Rao Tula Ram Marg, R.K. Puram, New Delhi- 110022. The initial lease dated 1st November, 1989 was for a period of five years with a renewal clause at enhanced rent of 35%. The initial five years expired on 31st July, 1993 and the renewed lease expired on 31st July, 1998. The last paid rent was Rs.60,750/- apart from electricity, water charges, property tax, etc., payable by the Defendant. After the tenancy expired on 31st July, 1998, the Defendant continued to occupy the property. It is the Plaintiff's case that despite repeated requests, the Defendant did not vacate the property. Finally, the tenancy was terminated by the Plaintiff by issuing notice dated 24th /31st January, 2000. The same was delivered to the Defendant on 5th February, 2000.

(2.) The Plaintiff then filed the subject suit for possession as also for mesne profits pendente lite and future. The suit was filed on 1st March, 2000. The mesne profits claimed in the suit was at Rs.100/sq. ft. w.e.f. 1 st March, 2000.

(3.) In the written statement, it was claimed that the notice of termination should be deemed to be waived in view of the acceptance of the admitted rent. The relationship of landlord-tenant was however not disputed. An application under Order XII Rule 6 was filed by the Plaintiff which was decided by a Learned Single Judge of this court on 5th August 2002. A decree of possession on the basis of admission was passed to the following effect: