AMARTEX INDUSTRIES LIMITED Vs. AKASH EDUCATIONAL SERVICES LIMITED

JUDGEMENT

(1.) Main Case For convenience, parties herein are described as per recital before this Court.

(2.) Having suffered concurrent adverse findings by both the Courts below, the plaintiffs are in second appeal before this Court assailing the trial Court judgment and decree dtd. 27/9/2019, as upheld by the First Appellate Court, vide its judgment and decree dtd. 9/8/2021.

(3.) Briefly stated, the facts as noted by the trial Court are that plaintiff No.1 is the absolute owner in possession of SCO No. 218, Sector-14, Panchkula and plaintiff No.2 is owner in possession of SCO No. 219, Sector-14, Panchkula. Plaintiffs are running a Restaurant and Banquet under the name and style of M/s Gazab India and Grand Maharaja on the ground floor and basement of both the SCOs. Defendant No.1 is the limited company having its registered office at SCO No. 18, Sector- 9/D, Madhya Marg, Chandigarh. Defendant No.2 is a corporate branch office of defendants which has taken the first floors of premises of plaintiffs on rent. Defendants No.3 and 4, being Managing Director and Deputy Director of respondent No.1 respectively, are responsible for the day to day affairs of defendants No.1 and 2. The entire first floors of both the SCOs were let out to the defendants through registered lease deed dtd. 9/10/2013 for a period of nine years, on monthly rent of Rs.2,65,000.00 excluding water and electricity charges. The defendants caused damage to the property in question and they were served with legal notice dtd. 9/6/2016. The defendants filed reply to the same and denied all the allegations leveled in the legal notice. Hence, the suit was filed.