TILAK RAJ NARULA Vs. M.L. SETHI

JUDGEMENT

(1.) THE present suit has been filed by the plaintiff, inter alia, praying for declaration, recovery of money and mandatory injunction against the defendant in respect of the suit premises bearing Hall No.2, Ground Floor, I -41, Lajpat Nagar -II, New Delhi -110024 to increase the monthly rent to Rs.25,000/ - p.m. w.e.f. 1st January 2006 or in the alternative directing recovery of possession of the suit premises in the event of default by the defendant to pay the monthly rent at the enhanced market value.

(2.) THE plaintiff is the owner and landlord of Property/premises No. I -141, Lajpat Nagar ­ II, New Delhi ­ 110024. The defendant is tenant of the plaintiff in respect of Hall No. 2 on the ground floor measuring approx. 18'x10' ft. of the above mentioned premises/property of the plaintiff (hereafter called the 'suit premises'). The suit premises was let out by the plaintiff to Sh. Achraj Ram, since deceased, the father of the defendant by an agreement in April, 1962 at a monthly rent of Rs. 141.75, excluding electricity and other charges. Upon the demise of his father in the year 1986, the defendant inherited the tenancy and became tenant under the plaintiff on the same terms and conditions. The defendant is using the suit premises for commercial activity and running a chemist shop by name M/s Sethi Sons Chemist.

(3.) IT is alleged by the Plaintiff that the suit premises is situated in the middle of famous Central Market, Lajpat Nagar, New Delhi. The defendant is however, paying the rent @Rs.141.75 p.m. which is highly inadequate keeping in view the large scale increase in the cost of every item and rising inflation since the year 1962. The rent being paid by the defendant thus does not even meet a fraction of the cost of maintenance or even the liability of property tax and other dues paid by the plaintiff. The plaintiff submits that the suit premises can fetch a minimum monthly rent of Rs. 40,000/ - (Rupees Forty Thousand) in the market, whereas the defendant is paying a meager monthly rent of Rs. 141.75 which is not in any manner commensurate with the present market rate of rent and is unjust, unfair and irrational.