INDUS TOWERS LTD Vs. SHEELA CALICOTEY

JUDGEMENT

(1.) RFA 852/2016 & CM APPLs. 40432/2016, 23087/2017

(2.) The brief facts are that the Appellant/Defendant (hereinafter, "Defendant") and the Plaintiff entered into lease deed (Ex. PW-1/1) dated 23rd September, 2008 by which the Defendant took on lease the roof top area of the property of the Plaintiff bearing No. C-115, Old Nangala Raya, Delhi Cantt. , New Delhi (hereinafter 'suit property'). The relevant clauses of the lease are set out herein below:

(3.) From the clauses above, it is evident that the lease was for a period of 20 years at Rs. 12,000/- per month. The same was terminable as per the clauses extracted above. The Defendant issued a notice of termination (Ex. PW-1/3) dated 1st May, 2009 which reads as under: