OVERNITE EXPRESS LTD Vs. SEELAM KUMARI & ORS

JUDGEMENT

(1.) These are two appeals against the judgment and decree dated 14th May, 2016 passed by the Trial Court by which it decreed the suit filed by the Respondents/Plaintiffs (hereinafter "Plaintiffs") in RFA 520/2016 in respect of the possession of the suit property bearing no.A-74, Road No.2, Mahipalpur Extension, New Delhi (hereinafter "suit property"). The Trial Court further held that the Plaintiffs are not entitled to any mesne profits/damages and has also simultaneously dismissed the counter claim filed by the Appellant/Defendant (hereinafter "Defendant").

(2.) The facts in brief are that an agreement/lease deed was executed between the Plaintiffs and Defendant on 10th September, 2005 (Ex.PW-1/2). Relevant terms and conditions of the said agreement/lease deed are set out herein below:

(3.) The lease deed admittedly is not registered. The said lease deed contemplates tenancy for a period of 21 years. However, the lease was terminated by the Plaintiffs on 24th March, 2009. It is the contention of the Plaintiffs that, from the date of termination, the Defendant's tenancy is on a month to month basis and hence the Defendant is liable to pay the damages to the Plaintiffs. Since the Defendant did not vacate the premises despite termination, the subject suit was filed by the Plaintiffs seeking the relief of possession and damages. Reliefs prayed by the Plaintiffs are to the following effect.