KAIZEN INDIA Vs. RANGOLI GARMENTS

JUDGEMENT

(1.) Heard Sri Manish Goel, learned Senior Counsel, assisted by Sri Gaurav Tripathi, learned counsel for the Revisionists and Sri Nikhil Agarwal alongwith Nipun Singh, learned counsel for the sole Respondent.

(2.) The instant SCC Revision under Sec. 25 of the Provincial Small Cause Courts Act, 1887 at the instance of the Tenants/Defendants in SCC Suit No. 05 of 2021 has been filed against the judgment and order dtd. 6/12/2022 passed by the District and Sessions Judge, Gautam Buddh Nagar in so far as it rejects the Applications/Paper Nos. 41Ga, 43Ga and 51Ga preferred by the Revisionists in the SCC Suit as also the order dtd. 28/4/2023 passed by the Additional District and Sessions Judge3, Gautam Buddh Nagar acting as the Judge, Small Cause Court whereby and whereunder the SCC Suit No. 5 of 2021 (M/s. Rangoli Garments Pvt. Ltd. v. M/s. Kaizen India and 2 others) has been decreed and the defendants have been ordered to vacate the Premises No. B137, Sector 63 Noida, District Gautam Buddh Nagar and hand over its actual physical and legal possession to the plaintiff alongwith arrears of rent and damages for use and occupation till handing over of possession.

(3.) The facts shorn of unnecessary details, necessary for adjudicating the lis between the parties is that the Plaintiff/Respondent M/s. Rangoli Garments Pvt. Ltd. being a Private Limited Company is the owner/lessor of the industrial building bearing No. B137, Sector 63 Noida, District Gautam Buddh Nagar, which was leased out to the Defendants/Revisionists under a Registered Lease Agreement dtd. 27/12/2018 at an agreed monthly rent of Rs.4,34,250.00 excluding GST and all other charges for a period of 3 years w.e.f. 1/1/2019 upto 31/12/2021. Clause 6 of the Agreement provided for an increase of rent by 7% yearly w.e.f. 1/1/2020. It as averred in the plaint that the Revisionists issued cheques of Rs.5,01,819.00 each which included the rent at the rate of Rs.4,64,648.00for each month, less the TDS alongwith GST thereon at the rate of 18% towards rent for the period 1/2/2020 to 31/5/2020. The rental towards the month of February, 2020 was, however, not deposited by the Defendants/ Revisionists. It was also alleged in the plaint that the Defendants/Revisionists were not regular in depositing the rent of the premises. The cheques (four in number) were dishonoured on account of insufficient funds in the Bank Account of the Defendants/Revisionists.