PUSHPA KAKKAR Vs. NEW INDIA ASSURANCE CO LIMITED

JUDGEMENT

(1.) THE plaintiffs have filed the present suit for possession and recovery of office premises bearing Flat No. 202, Second Floor, E-9, Connaught House, connaught Place, New Delhi, admeasuring approximately 2,388 sq. ft. , more particularly, described in red in the site plan annexed with the plaint.

(2.) THE suit property was originally owned by Mr. Triloki Nath Khanna huf, who executed a registered deed dated 23. 09. 1996, letting out the suit property to the defendant w. e. f. 01. 04. 1996 for a period of three years, i. e. , from 01. 04. 1996 to 31. 03. 1999, on a monthly rent of Rs. 14,925/- exclusive of electricity, maintenance charges, water taxes and surcharge. The lease deed provided for an option for the renewal of the lease for the period beginning from 01. 04. 1999 to 31. 03. 2002 at a rent of Rs. 8. 10 per sq. ft. , for which a fresh lease deed was to be executed. Clause 4 (II) of the said lease deed also provided for the renewal of the lease beyond 31. 03. 2002 if the defendant desired and gave three months' notice in writing to the owner before the expiry of the term, on rent as mutually agreed and subject to the same covenants as contained in the earlier lease deed, except the clause for renewal. Both the lessor and the lessee were entitled to mutually agree and terminate the lease by giving three months' notice to the other party.

(3.) IT is averred in the plaint that in terms of the clause 4 (II) of the lease deed dated 23. 09. 1996, a fresh lease was executed between Mr. Triloki Nath khanna and the defendant on 26. 04. 1999, whereunder the suit property was leased to the defendant for a further period of three years from 01. 04. 1999 till 31. 03. 2002 at Rs. 19,343/- with an option for renewal. The said lease was duly registered with the Office of the Sub Registrar, Assurances. As per clause 4 (IV) of the Lease Deed dated 26. 04. 1999, in case the previous owner sold/cancelled his rights in the suit property, it was provided that the defendant shall attorn to such transferors on the same terms and conditions, as contained in the said lease deed.