DHIR GLOBAL INDUSTRIES PVT. LTD Vs. GAJRAJ SINGH

JUDGEMENT

(1.) The defendant is in appeal against the judgment and decree of the lower Appellate Court by which suit filed by the plaintiff has been decreed.

(2.) In short, the facts of the case are that the plaintiff filed a suit for possession of a built up property situated in village Mulahera, Tehsil and District Gurgaon, comprising of a basement, ground floor and first floor, total measuring 22,000 square feet (covered area) alleging that it was leased out to the defendant on 01.01.2003 for a period of 5 years. The rent was fixed @ Rs. 10/- per square foot with an agreement that it would be increased by 20% after three years. The plaintiff determined the lease after a period of 5 years when the rate of rent was @ Rs. 12/- per square foot. He determined the lease for the basement and the ground floor on 31.12.2007, for the first floor on 29.02.2008 and issued notice to the defendant on 28.03.2008 to vacate the property in dispute. Since the defendant did not vacate the demised premises, therefore, the suit was filed for possession and also for claiming the recovery of Rs. 27,72,000/- as damages and mesne profits @ Rs. 30/- per square foot w.e.f. 01.04.2008 along with the consequential relief of permanent injunction restraining the defendant from parting with possession of the property or from making any structural change.

(3.) In the written statement, the defendant took some preliminary objections but on merits, it admitted the relationship of landlord and tenant and execution of the lease but the nonpayment of rent was not admitted.