Delhi District Court
Shri Amrit Pal Singh vs . on 4 January, 2023
AMRIT PAL SINGH
Vs.
PARAMOUNT COACHING CENTRE PVT. LTD
IN THE COURT OF SH. VIRENDER BHAT
LD. DISTRICT JUDGE (COMMERCIAL COURT),
NORTH DISTRICT, ROHINI COURTS: DELHI.
CS DJ 599/18
SHRI AMRIT PAL SINGH
SON OF GURUCHARAN SINGH,
R/O 616, DR. MUKERJEE NAGAR,
DELHI-110009.
.............. Plaintiff
Vs.
1. PARAMOUNT COACHING CENTRE PVT. LTD.
THROUGH ITS M.D./DIRECTOR,
SHRI RAJIV SUMITRA
2. SHRI GULAM NABI
AUTHORIZED SIGNATORY OF PARAMOUNT COACHING
CENTRE PVT. LTD.
BOTH AT 862, GF, DR. MUKHERJEE NAGAR
DELHI-110009.
2nd Address:-
1198, 3RD FLOOR, DR. MUKHERJEE NAGAR
DELHI-110009.
3rd Address:-
872, GF,DR. MUKHERJEE NAGAR
DELHI-110009.
4th Address:-
B-12, COMMERCIAL COMPLEX FIRST FLOOR
NEAR BATRA CINEMA, MUKHERJEE NAGAR
DELHI-110009.
..................Defendants
CS DJ 599/18 Page No. 1 of 7
AMRIT PAL SINGH
Vs.
PARAMOUNT COACHING CENTRE PVT. LTD
Date of Institution : 01.08.2018
Date of final arguments : 04.01.2023
Date of decision : 04.01.2023
J U D G M E N T:-
1. By way of this Suit, the plaintiff has sought to recover possession of entire ground floor forming part of property bearing no. 862 built upon plot of land measuring 160 Sq yards at Dr. Mukerjee Nagar, Delhi-9 (hereinafter referred to as "suit premises") from the Defendant No.1 along with recovery of arrears of rent as well as damages/mesne profits and also permanent/mandatory injunction.
2. As per the case of the plaintiff, the defendant no. 1 company was inducted as a tenant in the suit premises on 06.09.2017 vide Register lease deed dated 06.09.2017 at a monthly rent of Rs. 1,70,000/- excluding GST, electricity/water charges etc. The duration of the lease was 3 years. It is further stated that the defendant is in arrears of rent from February, 2018 and also has not paid electricity charges. It is stated that in partial discharge of liability towards the plaintiff, the defendant no.1 issued 2 cheques in the sum of Rs. 1,83,600/- each dated 04.06.2018 and 16.06.2018 respectively but both the cheques were dishonoured on presentation not only once but twice, firstly in first week of July, 2018 and secondly, on 23 July, 2018. On CS DJ 599/18 Page No. 2 of 7 AMRIT PAL SINGH Vs. PARAMOUNT COACHING CENTRE PVT. LTD account of said conduct of defendant no. 1, plaintiff is stated to have terminated the tenancy vide legal notice dated 13.07.2018 calling upon the defendant to vacate the suit premises within 15 days of receipt of the said notice failing which to pay damages/occupation charge at the rate of Rs. 10,000/- per day. It is stated that the notice was duly served upon the defendant but they failed to comply with the same. The total liability of the defendant no 1 towards plaintiff on account of rent/arrears of rent/penalty for not paying rent on time, has been given in detail in Para no 12 of the plaint as under:-
S. No. DETAILS OF P AYMENT AMOUNT
DUE
1. Balance rent of February 2018 Rs. 1,00,000/-
2. Arrears of rent w.e.f. March to Rs. 9,01,000/-
July 2018 @ Rs, 1,80,200/- (i.e. Rs, 170000 as rent + GST @ 6% Rs. 10200 PM) 3 TDS Rs. 17000/- PM deducted Rs. 85,000/-
by the Defendant but not deposited w.e.f. September 2017 to January, 2018.
4. Penalty on account of not paying Rs 9,05,000/-
the rent in time as per clause 20 of Lease Deed @ Rs. 5,000/- per day i.e. 181 days.
Total Rs. 19,91,000/-
3. It is further stated that upon adjustment of security amount of Rs. 3,40,000/-(which was paid by defendant no.1 to CS DJ 599/18 Page No. 3 of 7 AMRIT PAL SINGH Vs. PARAMOUNT COACHING CENTRE PVT. LTD the plaintiff at the time of taking on rent the suit premises), the liability of defendant no.1 comes to Rs. 16,51,000/- till 31 July, 2018. It is stated that w.e.f. 01.08.2018, the defendant is liable to pay damages/mesne profits at the rate of Rs. 10,000/- per day.
4. In the written statement, it is not disputed that the defendant no. 1 was inducted as a tenant in the suit premises vide Register lease deed dated 06.09.2017 at a monthly rent of Rs. 1,70,000/- excluding GST, electricity/water charges etc. Remaining contents of the plaint have been denied.
5. During the proceedings of the case, the Ld. Counsel for the plaintiff stated on 21.01.2020 that the plaintiff has received the possession of the suit premises from the defendants on 01.10.2019. On the same day, on the basis of statement given by defendant no. 2 earlier on 20.03.2019, a decree for arrears of admitted rent w.e.f. May, 2019 till 30.09.2019 was passed in favour of the plaintiff and against the defendants. Further, following issue was framed for adjudication:-
"Whether plaintiff is entitled for rent/mesne profits/damages for the period from February, 2018 to April, 2019 ..................... OPP."
6. The plaintiff has entered the witness box himself as PW-1 to prove his case. He was not cross-examined at all on behalf of the defendants. The defendants have also chosen not to CS DJ 599/18 Page No. 4 of 7 AMRIT PAL SINGH Vs. PARAMOUNT COACHING CENTRE PVT. LTD lead any evidence in their defence.
7. I have heard Ld. Counsels appearing for the parties and have perused the pleadings as well as the evidence lead by the plaintiff.
8. PW-1, in his evidence by way of affidavit Ex PW-1/A has reiterated the contents of plaint. He has also proved following documents:-
i. Copy of registered lease deed as Ex PW-1/1. ii. Original site plan as Ex PW-1/2. iii. Legal Notice dated 13.07.2018 as Ex PW1/3. iv. Postal receipts as Ex PW-1/4. v. Ammended Legal Notice dated 13.07.2018 as Ex PW-1/5.
vi. Postal receipts as Ex PW-1/6. vii. Tracking Report as Ex PW-1/7. viii. Legal Notice dated 30.07.2018 as Ex PW-1/8. ix. Postal receipts as PW-1/9. x. Computerized bank statement as Ex PW1/10.
9. As already noted hereinabove, PW-1 was not cross- examined at all on behalf of the defendant despite opportunity. Hence, his testimony as well as the documents proved by him have remained uncontroverted.
CS DJ 599/18 Page No. 5 of 7AMRIT PAL SINGH Vs. PARAMOUNT COACHING CENTRE PVT. LTD
10. Therefore, it stands proved that the tenancy of the defendant no. 1 with regards the suit premises was duly terminated vide Legal Notice dated 13.07.2018 Ex PW-1/3 w.e.f. 01.08.2018. Thus, defendant no. 1 is liable to pay damages/mesne profits at the rate of Rs. 10,000/- per day w.e.f. 01.08.2018 as well as arrears of rent w.e.f. 01.02.2018 till 31.07.2018.
11. Hence, the suit is hereby decreed as under:-
(a) A decree in sum of Rs. 16,51,000/- is hereby passed in favour of the plainitff and against the defendant no. 1 towards arrears of rent from 01.02.2018 till 31.07.2018.
(b) A decree for damages/mesne profits is also passed in favour of the plaintiff and against the defendant no. 1 at a rate of Rs. 10,000/ per day w.e.f. 01.08.2018 till 01.10.2019.
12. Decree-sheet be drawn accordingly. However, the decree serial no. (b) shall be executable only after payment of requisite court fee by the plaintiff.
CS DJ 599/18 Page No. 6 of 7AMRIT PAL SINGH Vs. PARAMOUNT COACHING CENTRE PVT. LTD
13. File be consigned to Record Room.
Announced in the open court on 04th January, 2023.
(VIRENDER BHAT) District Judge (Commercial Court) North:Rohini:Delhi/04.01.2023 CS DJ 599/18 Page No. 7 of 7