S.S. RANDHAWA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this application is for bringing on record legal representatives of deceased Lt. Col. S.S. Raridawa appellant No. 1 who has died on 16/9/2018. For the reasons mentioned in the application, the same is allowed. Legal representatives of deceased appellant No. 1 as shown in para No. 2 of the application are ordered to be brought on record subject to all just exceptions.

(2.) Plaintiffs filed a suit for ejectment of the defendants from Ist floor, 2nd floor, 3rd floor and 4th floor of show room-cum office No. 142-143, Sector 34-A, Chandigarh and for recovery of arrears of rent and damages, amounting to Rs.1,75,223.60 paise w.e.f. 1/9/1992 to 10/1/1993. Future damages w.e.f. 11/1/1993 onwards @ Rs.75,000.00 per month were also claimed. Plaintiffs claimed that they are owners of show room-cum office No. 142-143, Sector 34-A, Chandigarh. Defendant No. 2 took the aforesaid showroom i.e. all the four floors on rent @ Rs.26,517.60 excluding electricity and water charges. Defendant No. 2 paid rent upto 31/8/1992. The tenancy was monthly and terminable by issuing 15 days notice. The tenancy was terminated vide registered A.D. post and UPC notices dtd. 26/9/1992. Notice was duly served upon the defendants, but no reply was filed by them. Building was exempted under Sec. 3 of the East Punjab Urban Rent Restriction Act as the sewerage connection was granted by the competent authority on 24/4/1989. The tenancy was terminated, but the premises in question were not vacated by the defendants. Again notice was issued on 28/10/1992 under Sec. 80 CPC to the defendants, but the defendants did not respond to the said notice. The plaintiffs claimed that defendants were liable to pay damages/mesne profit @ Rs.75,000.00 per month till the delivery of the possession of the property in question. Plaintiffs calculated the damages w.e.f. 1/9/1992 to 10/1/1993 i.e. rent/damages from 1/9/1992 to 15/10/1992 @ Rs.26,517.60 per month equal to Rs.39,776.40, damages w.e.f. 16/10/1992 to 10/1/1993 @ Rs.75,000.00 per month equal to Rs.2,15,000.00 minus an amount of Rs.79,552.80 as received through cheques. Balance amount of Rs.1,75,223.60 was claimed.

(3.) Defendants contested the suit.