SMT. NAVJEET CHADHA AND OTHERS Vs. RAVINDER SANDHU

JUDGEMENT

(1.) The tenants are in revision.

(2.) The landlady let out SCF No. 3, Sector 9D, Chandigarh to the tenants initially @ Rs. 55,000/- per month with 6% increase per annum till the expiry of lease on 31.07.2007 but before expiry of the said lease, the tenants got the lease extended through a registered lease deed dated 09.05.2007 for another 3 years which was to expire on 31.07.2010. The three years' lease had started w. e. f. 01.08.2007 as per which the tenants were to pay the rent as under:- Period Rate of rent 01.08.2007 to 31.07.2008 Rs. 77,034/- per month 01.08.2008 to 31.07.2009 Rs. 77,416/- per month 01.08.2009 to 31.07.2010 Rs. 82,060/- per month

(3.) It was further agreed in para No. 5 of the lease deed "that in case the lessees do not vacate the premises at the end of 3 years from the date of commencement of the lease period i. e. by 31.07.2010 and no mutual agreed terms are settled between the lessor and the lessees on or before 01.05.2010 the lessees will be liable to pay rent of Rs. 1,50,000/- per month, and the lessor can take over the premises from the lessees. " Admittedly there was no extension of lease after 31.07.2010, rather the landlady had filed the eviction petition, inter alia, on the grounds of non-payment of rent, material impairment and personal necessity. In the written statement dated 07.01.2011, it was alleged that "on the expiry of tenure of this lease deed, the petitioner asked respondent No. 3 to increase the rate of rent. A meeting was held between the petitioner, respondent No. 3 and Sh. Sanjeev Lall a common friend of both the parties. During this meeting, the petitioner demanded the rent @ Rs. 1,20,000/- per month with increase by 7% every year for the next three years and after expiry of three years, the rate of rent as Rs. 5 lacs per month for the next one and half year and on the expiry of said period of one and half year, the rent will be 7% on Rs. 5 lacs. This demand of payment of Rs. 5 lacs was not acceded to by respondent No. 3. On this the petitioner stated that she will send a draft of lease deed having tenure of four and half years. Thereafter, a copy thereof was sent by the petitioner to respondent No. 3. As the whole motive of the petitioner was to have higher rate of rent, the respondent No. 3 in presence of Mr. Sanjeev Lall, a common friend to the parties to the petition, again had a meeting with the petitioner and respondents agreed to pay rent @ Rs. 1,20,000/- per month with increase of 7% every year but did not agree to pay rent Rs. 5 lacs per month in the manner stated above. No final settlement was made and immediately after some days, the petitioner preferred the present petition. " The landlady filed replication and denied the aforesaid averments of the written statement.