GOODYEAR INDIA LIMITED Vs. B B JAIN

JUDGEMENT

(1.) The appellant M/s. Goodyear India Limited (hereinafter referred to as the tenant) has filed the present appeal against the judgment and decree dated 7th April 1998, passed by the learned Additional District Judge, Delhi, whereby the suit of the plaintiffs/respondents (hereinafter referred to as the landlords) for possession of the suit premises was decreed. The suit premises is an office-cum-godown on the ground floor and mezanine floor of House No. XI/4239- A/1 (plot No. 2), 1 Ansari Road, Darya Gan), Delhi. The premises was initially let out at a monthly rent of Rs. 1,445.00 . The tenancy was renewed from time to time.

(2.) As per the plaint, the last agreed rent of the premises was Rs. 6,400.00 per month besides water, electricity and house tax charges. The month of tenancy was as per the English Calender month starting from first day of every month and ending with last day of the month. The tenancy was terminated by a notice dated 10th November 1989, calling upon the tenant to vacate the demised premises and deliver its vacant possession to the landlords by the midnight of 31st December, 1989. The plaintiff landlords also claimed damages for use and occupation of the premises after the expiry of tenancy at the rate of Rs. 8,666.67p. per day from 1st January, 1990. The learned trial judge decreed the suit for possession of the plaintiff by his impugned judgment. On the question of quantum of damages/mesne profits an inquiry under Order XX, Ruls 12 of the Code of Civil Procedure has been ordered.

(3.) The learned Counsel for the tenant raised the following points in support of the appeal: