COGENT EMR SOLUTIONS LTD Vs. VIRENDRA KUMAR SHARMA

JUDGEMENT

(1.) APPELLANT has filed the present appeal, challenging the order dated 15th april, 2009 passed by Additional District Judge, Delhi, vide which it was held that respondent is entitled to recovery of arrears of rent amounting to rs. 11,85,000/- and also damages @ Rs. 3,95,000/- p. m. till possession of the suit premises is handed over to him. Respondent was also entitled to interest @ 15% per annum on the said amount, pendentelite and for future, till realization.

(2.) BRIEF facts of this case are, that respondent had let out a part of premises constructed on Plot No. E-41/4 (Block-E), Okhla Industrial Area phase-II, New Delhi, at a monthly rent of Rs. 3,95,000/- to the appellant. Appellant made defaults in making payment of the rent, as some of the cheques issued were dishonoured and later on paid, after repeated requests. On some occasions, appellant had been very late in making the payment of the rent. Since, appellant did not make payment for the month of May, June and July, 2008, despite repeated requests and even after service of Legal notice dated 8th July, 2008, vide which the tenancy of the appellant was terminated. As appellant is in unauthorized occupation of the premises w. e. f. 1st August, 2008, as such he is liable to pay damages/mense profit @ rs. 5 lacs p. m. , w. e. f. 1st August, 2008, till handing over of the possession, which is the prevailing rate of rent of such like premises in the area.

(3.) A legal notice dated 6th August, 2008 to this effect, was also served upon the appellant, but he did not comply.