Delhi District Court
Through Poa Holder vs Mr. Steven G.S. Judge on 29 May, 2014
In the court of Ms. Ina Malhotra, District & Sessions Judge
South East : Saket Courts, New Delhi
Suit No. 07/14
S. Jaginder Singh Puri
S/o Late S. Hira Singh Puri
R/o E139, Lajpat NagarI
New Delhi 110024
Through POA Holder
Sh. J.P.S. Puri
S/o S. Jaginder Singh Puri
R/o E139, Lajpat NgarI,
New Delhi 110024 .... Plaintiff
V E R S U S
1. Mr. Steven G.S. Judge
S/o Mr. Karam Singh
Director M/s Interbrand Beverages (P) Ltd.
R/o 38, Monclair Avenu # 4, Toronto, Canada
2. Mr. Peter Scott Harvey
S/o Mr. Peter K Harvey
Director of M/s Interbrand Beverages (P) Ltd.
R/o 2272, Meadowvle, RD, Toronto, ONT, Canada.
Also residing at :
A1, Kalandi Colony, (Ground Floor Rear Portion)
New Delhi 110065
Suit No. 07/14 Jaginder Singh Puri V. Steven G.S. Judge Page....1 of 7
3. M/s Interbrand Beverages (P) Ltd.
13, Millenium Business Centre,
34, Corner Market, Road, Malviya Nagar,
New Delhi 110017
Also At :
2nd Floor, Khodays (Brewery), 7th Mile,
Kanakpura Road (opp. Metro)
Bangalore 560062
.... Defendants
Plaint presented on : 06.01.2014
Arguments concluded on : 29.05.2014
Judgment on : 29.05.2014
J U D G M E N T
The plaintiff's suit is for possession of his premises no. A1, Kalindi Colony, New Delhi. Vide order dated 09.05.2014, while setting aside the exparte order against them, the defendants were granted the opportunity to file their Written Statement. They were also directed to liquidate the liability towards the outstanding rent. The defendants have been in arrears of rent since June 2013 at the rate of Rs. 50,000/ per month for a period of one year amounting to Rs. 6 lakhs. No steps have been taken by the defendant either to liquidate the liability or to file their written statement.
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2. An application has been filed by the defendants for grant of further eight weeks time to file the written statement. No cogent explanation has been given as to why the rent has not been paid.
3. Ld. Counsel for the plaintiff has pointed out that entire paper book had been supplied by way of a soft copy duly forwarded at the email id of the defendants. The same has been mentioned in the affidavit dated 30.01.2014. The email ids have not been disputed. Summons were duly served on defendant no. 3 on 13.01.2014, a company of which defendants no. 1 and 2 are Directors. The summons were also affixed at the suit premises in addition to service vide publication. The malafide intention of the defendants is writ large on the face as no steps have been taken to pay the rent. A mockery of the process of the court is being made by saying that amount has been deposited in an Escrow Account. There is no such agreement that the rent has to be deposited in the Escrow Account. The fact that the defendant has admitted that the premises was taken on lease, makes them liable to ensure that the rent is paid on time. Having failed to pay the rent within the period directed, the defendants are not entitled to any defence in terms of the provision of Section 15A CPC. No further time of 8 Suit No. 07/14 Jaginder Singh Puri V. Steven G.S. Judge Page....3 of 7 weeks can be granted as prayed for in view of their conduct as their defence itself is liable to be struck off.
4. Through the application filed by the defendants, the tenantlandlord relationship is not disputed. The defendants were inducted as a tenant in the suit premises vide an unregistered lease deed dated 15.05.2012 for a period of three years. Being an unregistered lease agreement, the same tantamounts to a monthly tenancy which has been duly terminated vide the legal notice dated 15.09.2013. The despatch of the legal notice is duly corroborated by the original postal receipt on record. As per a catena of judgment of the superior courts, it has been observed that there is nothing left for the legal notice to be proved at trial if the original postal receipts are on record. Given the circumstances where the tenantlandlord relationship is not disputed and the rent is over Rs. 3500/ per month and the fact that monthly tenancy has been terminated vide a legal notice on record, the plaintiff is entitled to a decree of possession straightaway without going through the rigmorale of the protracted trial.
5. A decree for possession is passed in favour of the plaintiff and against the defendants in respect of rear ground floor Suit No. 07/14 Jaginder Singh Puri V. Steven G.S. Judge Page....4 of 7 portion of the property bearing No. A1, Kalindi Colony, New Delhi 110065. Decree sheet be prepared.
Announced.
(Ina Malhotra) District & Sessions Judge South East, Saket Courts New Delhi 29.05.2014 Suit No. 07/14 Jaginder Singh Puri V. Steven G.S. Judge Page....5 of 7 Suit No. 07/14 Present : Counsel for the parties The defendants have failed to liquidate the rent and have admitted that they are in arrears of rent which they failed to liquidate, their application under Section 151 CPC does not merit any consideration and is being dismissed.
Vide separate Judgment, a decree of possession is passed in favour of the plaintiff in terms thereof. Decree sheet be prepared.
In view of the above, the only point that remains for adjudication is the plaintiff's entitlement to recover arrears of rent and mesne profits and damages. The following issues are therefore being framed :
i. Whether the plaintiff is entitled to arrears of rent? If so, how much?
ii. Whether the plaintiff is entitled to mesne profits and damages? If so, how much and for which period? iii. Whether the plaintiff is entitled to any interest thereon?
iv Relief. Suit No. 07/14 Jaginder Singh Puri V. Steven G.S. Judge Page....6 of 7
The plaintiff may lead necessary evidence by way of affidavit with an advance copy to the opposite counsel.
As the issues with respect to the mesne profits and damages are more by way of enquiry, both the parties would be at liberty to place on record any documentary evidence as to what the prevalent market rentals of properties having parity with the suit property would be.
List this case for further proceedings on 10.07.2014.
(Ina Malhotra) District & Sessions Judge South East, Saket Courts New Delhi 29.05.2014 Suit No. 07/14 Jaginder Singh Puri V. Steven G.S. Judge Page....7 of 7