GAWRITEX INDUSTRIES LIMITED Vs. SQN LDR. GURDIAL SINGH

JUDGEMENT

(1.) THE facts, in short, are that the lease deed dated 01-01-2004 was executed between the landlord Sqn. Ldr. Gurdial Singh and other respondents and the petitioner-tenant, on the other side. The lease money, to be paid by the petitioner-tenant was Rs.1,11,000/- per month payable in advance by the 7th of each calendar month. The lease was for a period of five years but terminable at any time, by either of the parties, by giving three months' notice in writing. In accordance with Clause 8 of the lease deed, the petitioner decided to vacate the premises and terminated the lease by sending notice dated 19-07-2004. The petitioner-tenant separately issued Legal notice dated 26-08-2004 and a communication dated 18-10-2004, informing respondent No.1 that the petitioner-tenant was vacating the premises on 19-10-2004. After the vacation of the tenanted premises on 19-10-2004, another communication dated 20-10-2004 and 06-11-2004 was sent, informing the landlord-respondents that he had vacated the tenanted premises.

(2.) THE respondent-landlord, inspite of vacating the premises by the tenant, filed civil Suit for possession by way of ejectment and for recovery of Rs.4,09,00/- i.e. Rs. 4,00,000/- by way of mesne profits + Rs.9000/- as interest thereon. However, the suit was dismissed with the following findings and observations :-

(3.) IT is also stated before this Court by learned counsel appearing on behalf of the petitioner that an application under Order 14 Rules 1 and 2 has also been filed by him in the Rent Petition to adjudicate upon the issue as to whether there exists a relationship of the landlord-tenant between the parties or not.