MODI INFOSOL PVT LTD Vs. SUKHDEV KAUR

JUDGEMENT

(1.) Cm No.27999/2018 (Exemption)

(2.) The suit premises is a property bearing no.103, First Floor, Premises No.88, Skipper Corner, Nehru Place, New Delhi-49. The last admitted rent which was paid was Rs. 24,780/-. Trial court has relied upon the Lease Deed of the appellant/defendant itself with respect to the premises bearing no. 106 in the very same multistoreyed building where the suit premises are situated, and this Lease Deed Ex.PW2/A shows that for a premises of 422 sq. ft. appellant/defendant was paying in January,2008 rent at Rs. 40,000/- per month. As per the Lease Deed Ex.PW2/A rent was increased by 18% every three years. As per the Lease Deed of the appellant/defendant itself for the subject leased premises rent was to increase by 15% every three years. Accordingly, trial court has held that enhancement at about 6% in the rate of rent every year can be taken. The relevant discussion in this regard is contained in paras 15,21 and 22 of the impugned judgment and these paras read as under:-

(3.) It has been held by this Court in the case of M.C. Aggarwal vs. M/s Shahra India & Ors., (2011) 183 DLT 105 that unless evidence is led to the contrary, courts can grant compounded 15% annual increase and which was held to be so in view of the fact that courts can take judicial notice of increase of rent and so held by a Division Bench of this Court in the case of S. Kumar Vs. G.R.Kathpalia, (1999) 1 RCR(Rent) 431.