NEW DELHI MUNICIPAL COMMITTEE Vs. LILA GUHA

JUDGEMENT

(1.) Can the damages or penalty payable by the lessor to the head-landlord for using the residential premises for non-residential purposes contrary to the head-lease be regarded as a part of the rent merely because the lessee agrees to reimburse the lessor by paying these misuser charges to him along with the rent ? This is the question of first impression which arises in this writ petition.

(2.) The High Commission for Canada in India is the tenant of No. 13, Golf Links, New Delhi, of which the respondents are the landlords. "The premises were leased for the following monthly consideration from 1-4-1967 to 31-1-1970 : -

(3.) In the head-lease of the land given by the Land & Development Office of the Government to the respondents-lessors, it is expressly stipulated that the land would be used for residential purposes only and in case the premises are used for a purpose other than the residential, the Government as the super-landlord would be entitled to forfeit the lease or receive the misuser charges from the landlord as compensation for the breach of the terms of the head-lease.