CORPORATION BANK Vs. RAM KUMAR SHARMA

JUDGEMENT

(1.) This appeal is against the judgment and decree dated 10.01.2018 passed by the learned Additional District Judge-05/South-West District, Dwarka Courts, New Delhi (hereinafter referred as the learned 'Trial Court') in CS No.212/2017 whereby the suit filed by respondent for eviction, recovery of possession, mandatory injunction, and mesne profits was decreed to an extent of Rs.20,40,597/- with costs in respect of ground floor of property bearing No.4, Rati Ram Park, Shivaji Marg, Delhi Road, Najafgarh, Delhi area admeasuring 1800 square feet (hereinafter referred to as the 'demised premises').

(2.) The dispute involved in the present case is only qua the amount of mesne profits / charges for the period between 29.01.2017 till 30.11.2017 i.e. for ten months.

(3.) It is the case of the appellant the lease of the premises was to end on 27.01.2017 and despite the appellants' initiating the renewal process and negotiations in July 2016, the respondent continued to delay the matter and agreed to extend the lease only on highly unreasonable rental. It was also alleged while the negotiations of renewal of lease and rentals were going on the respondent sent a legal notice dated 16.11.2016 to the appellant herein and demanded either to renew the lease @ Rs.130/- per square feet per month or to vacate the property. The appellant then referred to a letter dated 07.01.2017 wherein the respondent agreed to extend the lease and also to decrease the quantification from Rs.130/- to Rs.105/- per square feet per month. However, the stand of the respondent is this letter was never sent by him and probably was sent by his son without his permission and is not binding upon him.