AIR PLAZA HOLDING PRIVATE LIMITED Vs. NITIN MALHOTRA

JUDGEMENT

(1.) Heard Sri Rahul Sripat, learned senior counsel assisted by Sri Sushil Shukla along with Sri Ishir Sripat, learned counsel for the revisionist-defendant and Sri Navin Sinha, learned senior counsel assisted by Sri Ashish Kumar Srivastava, learned counsel for the respondents-plaintiffs.

(2.) Present revision has been filed challenging the order dtd. 28/2/2022 passed by Additional District Judge, Court No. 10, Varanasi in Misc. Case No. 389 of 2021 (Air Plaza Holding Pvt. Ltd. Vs. Nitin Malhotra And Another).

(3.) Learned counsel for the revisionist-defendant submitted that revisionist-defendant is a company incorporated under the Companies Act, 1956 engaged in business of operation of retail outlets of apparel, food, products, FMCG products and other goods throughout India and is currently operating around 500 retail outlet stores in the country. The agreement to lease dtd. 30/8/2019 was signed by revisionist-defendant and plaintiffs- respondents- plaintiffs for ten years, which provides 60 days of rent free period from the date of possession. The revisionist- defendant entered into possession on 5/10/2019 and was not liable to pay rent till December, 2019. Without waiting for the said free period, he started paying rent from 10/11/2019 and there is no default on his part. Suddenly, he has received notice dtd. 31/1/2020 terminating the tenancy against the terms and condition of agreement to lease upon which revisionist-defendant has submitted detail reply dtd. 17/2/2020. Thereafter, plaintiffs- respondents- plaintiffs have filed SCC Suit No. 11 of 2020 before Judge, Small Causes Court/ Additional District and Sessions Judge, Court No. 10, Varanasi. Notices were issued, but the revisionist-defendant could not appear and ultimately, the said suit was allowed by ex parte judgement dtd. 12/3/2021 accepting the verbatim claim made in plaint. Further, direction was issued to vacate the house in question failing which liberty is given to plaintiffs- respondents to move execution application for eviction and recovery of rent. Judgement was given on 12/3/2021 and decree was prepared on 24/3/2021.