CHANDA BHATIA Vs. RAJ KUMAR BAWEJA & ANR

JUDGEMENT

(1.) Present appeal arises out of the impugned judgment/decree dated 4th December, 2006 by the Trial Court by which the suit filed by the Appellant/Plaintiff (hereinafter "Plaintiff") was dismissed.

(2.) The case in brief of the Plaintiff is that the corner shop no.6 admeasuring 14 x 12 ft. was let out by her to one Mr. Raj Kumar Baweja - Defendant no.1 (hereinafter, "D1") vide registered lease deed dated 28th January, 2003. D1 paid rent only for one month i.e. till 28th February, 2003. Thereafter, one Ms. Monika - Defendant no.2 (hereinafter, "D2"), had started sitting in the shop and managing the affairs therein. The exact relationship between D1 and D2 was not clear to the Plaintiff. There were huge arrears of rent and despite repeated reminders the rent was not paid. It is the case of the Plaintiff that even the electricity charges to the tune of Rs.35,000/- had fallen due.

(3.) The Plaintiff then terminated the tenancy vide notice dated 20th November, 200 The said notice was duly served upon the Respondents/Defendants (hereinafter "Defendants"). The Plaintiff then claimed arrears of rent of Rs.1,65,000/- with effect from 1st March, 2003 to 31st January, 2004 along with damages @ Rs.60,000/- per month with effect from 1st February, 2004 till premises are handed over. There was an apprehension that the shop has been sub-let or possession may have been handed over to third parties. In these circumstances, the Plaintiff filed a suit praying for the following reliefs.