Delhi District Court
Jaina Properties Pvt Ltd Through Prop. ... vs Pacl India Ltd Through Its Md on 21 February, 2024
IN THE COURT OF SH. DHARMENDER SINGH, ADJ01 (WEST)
TIS HAZARI COURTS, DELHI
Civ DJ No. 288/21
M/s Jaina Properties Pvt Ltd
Through its Managing Director,
Sh. Rakesh Jaina
Having its Registered Office at :
M132, Adinath Shree House,
Opposite Super Bazar,
Connaught Circus,
New Delhi110001. ... Plaintiff
versus
M/s PACL India Ltd,
Through its Managing Director
Having its registered office at :
22, 3rd Floor Amber Tower,
Sansar Chand Road,
Jaipur302 004 (Rajasthan)
Also at :
Space No.401406,
Indraprakash Building,
Barakhamba Road,
New Delhi110011. ...Defendant
Date of filing Suit : 05.04.2021
Date of Reserving Judgment : 21.02.2024
Date of Judgment : 21.02.2024
Digitally signed by
DHARMENDER
DHARMENDER SINGH
SINGH Date: 2024.02.21
16:00:46 +0530
Civ DJ No. 288/21 M/s Jaina Properties Pvt Ltd vs. M/s PACL India Ltd Page No. 1/6
EXPARTE J U D G M E N T
1.Vide this judgment, this Court shall decide the present suit filed by plaintiff against defendant seeking the relief of possession and recovery of damages.
2. As per case of plaintiff, plaintiff is a Private Limited Company and is engaged in the building activities. It is submitted that plaintiff company acquired lease hold rights in respect of building constructed on plot no.22 & 23, Sundram Building, Commercial Complex, Paschim Vihar, New Delhi from DDA. It is submitted that plaintiff company constructed building on said plots and allotted spaces on licence basis to various persons.
3. It is submitted that plaintiff allotted the space no.310, 3rd floor, plot no. 22 & 23, Sundram Building, Commercial Complex, Paschim Vihar, New Delhi (hereinafter referred as 'Suit Premises') to M/s Viksit Trading and Holding Private Limited vide licence Agreement dated 19.10.1996, which took the possession of suit premises. It is submitted that thereafter right in respect of suit premises was transferred in favour of Sh. Ashwani Gupta on 19.09.2005 and after that Sh. Ashwani Gupta transferred those lease hold rights in favour of defendant. It is submitted that after that, on the request of defendant, the lease hold right in respect of suit premises was transferred by plaintiff company in favour of defendant w.e.f. 12.08.2008. It is submitted that in view of the same defendant agreed to abide by all the terms and conditions of the licence Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date: 2024.02.21 16:01:04 +0530 Civ DJ No. 288/21 M/s Jaina Properties Pvt Ltd vs. M/s PACL India Ltd Page No. 2/6 agreement dated 19.10.1996.
4. It is submitted that as per Clause 16A of said licence Agreement, defendant was liable to pay the ground rent charges. It is submitted that plaintiff company raised and sent various bills to defendant on account of ground rent charges in respect of suit premises but defendant avoided to pay the same. It is submitted that in case of nonpayment of ground rent charges, the DDA has every right to cancel the lease deed executed in favour of plaintiff company.
5. It is submitted that defendant has illegally and unlawfully made addition and alteration in the suit premises. It is submitted that on account of nonpayment of ground rent charges by defendant, plaintiff company sent the show cause notice dated 11.02.2021 to defendant, however, despite service of the same, defendant has failed to pay the ground rent charges. It is submitted that after that cancellation notice dated 10.03.2021 was also sent to defendant and thereby, terminated the licence agreement and defendant was asked to deliver the vacant and peaceful possession of suit premises, however, defendant has not complied the same.
6. It is submitted that plaintiff company has already cancelled the licence of defendant, defendant has no right to remain in possession of suit premises. It is submitted that defendant is liable to vacate the suit premises and pay the damages for unauthorized occupation of the same. Feeling aggrieved, present suit has been filed by plaintiff against defendant seeking the reliefs of possession and damages.
Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date: 2024.02.21 16:01:28 +0530 Civ DJ No. 288/21 M/s Jaina Properties Pvt Ltd vs. M/s PACL India Ltd Page No. 3/6
7. In pursuance of the suit, summons were issued to defendant, however, despite service by way of publication, defendant did not appear and was proceeded exparte.
8. After that, exparte PE was led by plaintiff, in which, AR for the plaintiff was examined as PW1. His affidavit of evidence is Ex.PW1/A. He has relied upon following documents:
1. GPA dated 17.10.1997 : Ex.PW1/1 (OSR).
2. SPA dated 12.07.2022 : Ex.PW1/2
3. Copies of Perpetual Lease Deed (both dated 18.07.1988) :
Ex.PW1/3 (OSR) & Ex.PW1/4 (OSR)
4. Licence Agreement dated 19.10.1996 : Ex.PW1/5 (OSR).5. Site plan : Ex.PW1/6
6. Copy of Bill dated 30.12.2020 and postal receipts : Ex.PW1/7 to Ex.PW1/9.
7. Copy of Notice dated 11.02.2021 and its postal receipts : Ex.PW1/10 to Ex.PW1/12.
8. Copy of Cancellation Notice dated 10.03.2021 with its postal receipts : Ex.PW1/13 to Ex.PW1/15.
9. Copy of Advertisement mentioned in the affidavit as Ex.PW1/16 is deexhibited being photocopy and now marked as : MarkB.
10. Copies of DDA acknowledgement and challan in respect of payment of ground rent : Ex.PW1/17 (two page) Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date: 2024.02.21 16:01:43 +0530 Civ DJ No. 288/21 M/s Jaina Properties Pvt Ltd vs. M/s PACL India Ltd Page No. 4/6 (colly) (OSR).
Copy of letter dated 21.01.2021 : MarkA. (one page).
9. After that exparte final arguments were heard.
10. As per case of plaintiff, plaintiff allotted the suit premises to M/s Viksit Trading and Holding Private Limited vide licence Agreement dated 19.10.1996, which took the possession of the same. It is submitted that thereafter right in respect of suit premises was transferred in favour of Sh. Ashwani Gupta on 19.09.2005 and after that Sh. Ashwani Gupta transferred those lease hold rights in favour of defendant. It is submitted that after that, on the request of defendant, the lease hold right in respect of suit premises was transferred by plaintiff company in favour of defendant w.e.f. 12.08.2008.
11. This Court is of the considered view that licence agreement dated 19.10.1996 (Ex.PW1/5) has been filed on record by plaintiff. Perusal of same shows that same was executed between plaintiff company and M/s Viksit Trading and Holding Private Limited. There is no document on record which shows that M/s Viksit Trading and Holding Private Limited transferred its right in favour of Mr. Ashwani Gupta or Mr. Ashwani Gupta transferred his rights in favour of defendant. In view of the above, it is clear that plaintiff has failed to prove that defendant acquired the right in the above stated manner and was liable to pay any ground rent.
Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date: 2024.02.21 16:01:57 +0530 Civ DJ No. 288/21 M/s Jaina Properties Pvt Ltd vs. M/s PACL India Ltd Page No. 5/6
12. In view of the above, plaintiff has failed to prove its case against defendant and accordingly, suit is dismissed with no order as to costs. Decree sheet be prepared accordingly. File be consigned to Record Room.
Digitally signed by DHARMENDER DHARMENDER SINGH SINGH Date: 2024.02.21 16:02:07 +0530 Announced in the open court on (Dharmender Singh) st
this 21 February, 2024. Additional District Judge01 (West) Tis Hazari Courts/Delhi Civ DJ No. 288/21 M/s Jaina Properties Pvt Ltd vs. M/s PACL India Ltd Page No. 6/6