Indian Kanoon - Search engine for Indian Law

Delhi District Court

Also Resident Of vs M/S San Promarks India Ltd on 18 February, 2012

           IN THE COURT OF RAKESH KUMAR­III, ACJ/ARC(WEST), 
                           TIS HAZARI, DELHI



                                                           Suit No.:    837/2007
                                                Date of Institution : 22.12.2007
                                                  Date of decision : 18.02.2012



SANGEETA GUPTA
W/o Sh. Ashwani Gupta
Presently residing at:
C­27, Chirag Enclave, 
New Delhi.

Also Resident of:
D­18, Chandra Nagar,
Ghaziabad, UP­201011.                                                 ... Plaintiff 



                                   Versus



1. M/S SAN PROMARKS INDIA LTD.
   Through Managing Director Sh. A.K. Singh
   Registered Office: B­102, (L.G.),
   Kalkaji, New Delhi­110019.
   Presently at : 66B, Pocket­A, Outer Ring Road,
   Vikas Puri Extn., New Delhi­110018.

2. KUNWAR SANJAY
   S/o Sh. R.N. Sharma
   Flat No. B­405, Saheta Apartment,
   Sector­4, Dwarka, New Delhi­110015.
    
   Also at:
   Director of M/s San Promarks India Ltd. 


Suit No. 837/2007                                                         Page 1 of 5
     Registered Office :
    B­102,(L.G.),
    Kalkaji, New Delhi­110019.
    Presently at : 66B, Pocket­A, 
    Outer Ring Road,
    Vikas Puri Extn., New Delhi­110018.                                              ... Defendant




          SUIT FOR POSSESSION AND RECOVERY OF RENT, MESNE
                    PROFITS/DAMAGES AND INTEREST




J U D G M E N T

1. By filing the present suit, plaintiff is seeking recovery of possession in respect premises bearing Flat No. B­405, Saheta Apartment, Sector­4, Dwarka, New Delhi­110075, as shown in red in the site plan, arrears of rent in the sum of Rs.39,000/­, mesne profits/damages for the month beginning 08.11.2007 in the sum of Rs.20,000/­ and future mesne profits/damages @ Rs.20,000/­ per month w.e.f. 08.12.2007 till handing over vacant and peaceful possession of the premises to the Plaintiff alongwith pendente lite and future interest with costs of the suit on the ground that Plaintiff is the owner of residential premises addresses as Flat No. B­405, Saheta Apartment, Sector­4, Dwarka, New Delhi­ 110075 (herein after referred to as suit premises), comprising three bedrooms, drawing & dining room, kitchen, three balconies, three toilets and some movable items. Defendant no. 1 approached the Plaintiff for taking the said premises on rent for Defendant no. 2 as residential accommodation. The premises was let out to the Defendant no. 1 for a period of 11 months Suit No. 837/2007 Page 2 of 5 commencing from 08.06.2006 and ending on 07.05.2007. A writing to this effect was also made between the Plaintiff and the Defendants. The agreed rent was Rs.6500/­. In addition to this, Defendants also agreed to pay the maintenance charges of the society which were Rs.600/­ per month and Rs.2000/­ per annum along with the electricity and water dues, etc., as applicable. It was agreed upon between the parties that on expiry of tenancy period, Defendants would hand over the vacant and peaceful possession of the suit premises to the Plaintiff but Defendant did not vacate the suit premises and kept the same in their possession. Despite various request and letters to the Defendants, Defendants neither vacated the suit premises nor cleared the dues towards Plaintiff and society etc. Even on 02.09.2007 Defendant no. 2 who was in actual possession and occupation of suit premises, gave in writing to the Plaintiff that suit premises will be vacated and handed over positively on 09.09.2007 at 5.00p.m. Thereafter again on 16.09.2007, both Defendant no. 1 & 2 gave in writing that suit premises will be vacated and handed over on 08.10.2007 at 5.00p.m. and all dues will be cleared but Defendants failed to do so.

It is further submitted that tenancy was created which was duly signed by the Plaintiff and A.K. Singh, Managing Director of the Defendant no. 1 and by Defendant no. 2. As per the agreed terms of tenancy, the tenancy was for a specific period of 11 months which expired on 07.05.2007 and after that the occupation of Defendants is that of an illegal an unauthorised occupant. The Defendants are liable to pay damages/mesne profits after the expiry of tenancy period on 07.05.2007 for use and occupation of the premises. Notice dated Suit No. 837/2007 Page 3 of 5 17.10.2007 under the provision of Section 106 of The Transfer of Property Act, was also given to both the Defendants terminating the tenancy and for handing over the vacant and peaceful possession along with clearing of all the dues by making payment. The Defendants have not paid the rent or the damages for use and occupation of Defendants after expiry of tenancy is that of a trespasser as they are in illegal and unauthorized possession. Hence the present suit has been filed on 22.12.2007.

2. Defendants could not be served through ordinary mode and was served through publication in the newspaper 'Vir Arjun' vide dated 26.08.2008. But, defendants did not turn up and were finally proceeded exparte on 18.11.2008.

3. Plaintiff examined herself by way of affidavit Ex.PW1/A and proved the documents; Site plan is Ex.PW1/1, Copy of lease deed dated 03.06.2006 is Ex.PW1/2, Original undertaking given by Defendants on 02.09.2007 and 16.09.2007 are Ex.PW1/3 & PW1/4, Legal notice, Ex.PW1/5, Postal receipts of regd. A.D. are Ex.PW1/6 to Ex.PW1/10, UPC is Ex.PW1/11, Receipts of courier are Ex.PW1/12 to Ex.PW1/16. A.D. card is Ex.PW1/17 and five regd. A.D. envelopes are Ex.PW1/18 to Ex.PW1/22, Notice dated 18.10.2008 is Ex.PW1/23, Copies of possession letter and Share certificate are Ex.PW1/24 & Ex.PW1/25 and courier receipts are mark A­1 to A­4.

4. Plaintiff has proved its case by documentary as well as oral evidence. There is no reason not to rely upon unrebutted and uncontroverted testimony of plaintiff. Suit of the plaintiff is decreed for recovery of possession in respect Suit No. 837/2007 Page 4 of 5 premises bearing Flat No. B­405, Saheta Apartment, Sector­4, Dwarka, New Delhi­110075, as shown in red in the site plan Ex.PW1/1. Defendants are directed to pay arrears of rent to the tune of Rs.39,000/­, mesne profits/damages for the month beginning 08.11.2007 to the tune of Rs.20,000/­ and future mesne profits/damages @ Rs.20,000/­ per month w.e.f. 08.12.2007 till handing over vacant and peaceful possession of the premises to the Plaintiff alongwith pendente lite and future interest with costs of the suit. Original documents filed by the parties be returned to them after obtaining certified copies of the same against receipt. File be consigned to record room. Announced in the open court On this 18th day of February, 2012 (Rakesh Kumar­III) ACJ/ARC(West) Tis Hazari, Delhi Suit No. 837/2007 Page 5 of 5