COMMODORE G C MITRA AVSM Vs. ASHISH DOGRA

JUDGEMENT

(1.) THIS is a suit for possession and recovery of damages and mesne profits and injunction. The plaintiff claims that he is the owner/landlord of premises No. C-7/3, Vasant Vihar, New Delhi. The plaintiff has contended that the front portion of the second floor of the said property, consisting of a drawing-dining and a bedroom with attached bathroom was let out to the defendant vide a lease deed dated 4th November, 1998 at a monthly rent of Rs. 20,000/- per month besides payment of electricity and water charges. The rent was agreed to be paid on quarterly basis and in advance by cheque.

(2.) THE plaintiff has contended that the lease deed dated 4th november, 1998 was executed between the parties, but the lease deed was not got registered as contemplated under the law. Therefore, the defendant became a tenant on month to month basis. The defendant is alleged to have paid rent for sometime and thereafter the defendant stopped making payments and as on 31st January, 2000 defendant was allegedly liable to pay a sum of Rs. 1,40,000/- as arrears of rent in respect the premises demised.

(3.) THE plaintiff has also claimed that the defendant is liable to pay electricity charges as per sub-meter readings. It was contended that though the defendant had paid two bills of Rs. 15,030/- and Rs. 13, 950/- directly to Delhi Vidyut Board by cheque, still some amount was due from the defendant.