J.K. Lakshmi Cement Ltd vs Master Avishkar & Anr on 6 January, 2022

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Delhi High Court - Orders

J.K. Lakshmi Cement Ltd vs Master Avishkar & Anr on 6 January, 2022

1. This hearing has been done through video conferencing. CM APPLs. 739/2022 in RSA 2/2022 CM APPLs. 726/2022 in RSA 3/2022 CM APPLs. 729/2022 in RSA 4/2022 CM APPLs. 734/2022 in RSA 5/2022 CM APPLs. 749/2022 in RSA 6/2022

2. Allowed, subject to all just exceptions. Applications are disposed of. CM APPLs. 740/2022 (for extension of court fee) in RSA 2/2022 CM APPLs. 727/2022 (for extension of court fee) in RSA 3/2022 CM APPLs. 730/2022 (for extension of court fee) in RSA 4/2022 CM APPLs. 735/2022 (for extension of court fee) in RSA 5/2022 CM APPLs. 750/2022 (for extension of court fee) in RSA 6/2022

3. The applications have been filed seeking extension of time for paying RSA 2/2022 & Connected matters Page 2 of 7 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:10.01.2022 13:42:04 court fees. The court fee is stated to have been obtained by ld. Counsel for the Appellant. Accordingly, let the same be deposited within a week. Extension of time for filing court fee is granted.

4. Applications are disposed of.

RSA 2/2022 & CM APPL. 717/2022 (for stay) RSA 3/2022 & CM APPL. 725/2022 (for stay) RSA 4/2022 & CM APPL. 728/2022 (for stay) RSA 5/2022 & CM APPL. 733/2022 (for stay) RSA 6/2022 & CM APPL. 748/2022 (for stay)

5. These are five regular second appeals filed by the Appellant J.K. Lakshmi Cements Ltd. (hereinafter "Appellant") arising out of the judgments/decrees dated 31st May, 2018 passed by the ld. CJ-III (West) Tis Hazari Court (hereinafter "Trial Court") in suits filed by the Respondents against the Appellant in M/S JK Corp. Ltd. which were challenged in Appeal before the ADJ-03 (Central), Tis Hazari Courts, Delhi (hereinafter "Appellate Court"). The Appellate Court vide separate judgments has partly allowed the appeal preferred by the Appellant. The background of the Appeals is that by the original decree of the Trial Court directed the Petitioner, who was the tenant in the suit property to pay use and occupation charges in the following terms:

"In view of above discussion, the suit of the plaintiff is decreed on the following terms:-

Plaintiff is entitled to relief of mesne profit/damage for the use and occupation of the suit property pursuant to the termination of the tenancy vide notice under Section 106 TPA dt. 21.07.1998 on the following rates i.e.

-Upto December, 2001 @ Rs. 125 per sq ft.

-From January, 2002 to December, 2002 @ Rs. 100/- per sq ft.





RSA 2/2022 & Connected matters                                                  Page 3 of 7
                                                                Signature Not Verified
                                                               Digitally Signed By:DEVANSHU
                                                               JOSHI
                                                               Signing Date:10.01.2022 13:42:04


           -From January, 2003
           to 25.09.2004                          @ Rs. 80/- per sq. ft.

The above amount so calculated is to be reduced by part payment made by defendant after termination of tenancy for the relevant period. Plaintiff is entitled to interest @ 9% on the recoverable amount after deduction of the payment made by the defendant from the date it becomes due.

Plaintiff is further entitled to Municipal Taxes as per Ex. PW-1/14 to Ex. PW-1/19. Plaintiff is entitled to the cost of the suit. Plaintiff is directed to file deficient Court fees for the purpose of preparation of decree. File be consigned to Record Room.

Announced in the Open Court today i.e. 31.05.2018." This decree has been partly upheld by the Appellate Court except qua issue no.4 relating to house tax.

6. The submission of Mr. Dayan Krishnan, ld. Senior Counsel appearing for the Appellant is that there is a substantial question of law which arises in this matter. He relies upon the registered lease deeds dated 23rd August, 1994 which are almost on identical terms in each of the appeals. According to the appellant, clause 4 of the lease deeds prescribed for automatic renewal of lease till a period of 11 years from the date of execution of the lease, i.e., 24th August 1994.

7. Ld. Sr. counsel submits that Clause 4, as it reads, would mean that the lease cannot be terminated prior to the expiry of 11 years and the renewal would be automatic during this period. It is only after the period of expiry of 11 years, if there is no lease executed between the parties on mutual agreement, that the tenant could have been considered as an unauthorised occupant. He relies upon Section 53A of the Transfer of Property Act, 1882 RSA 2/2022 & Connected matters Page 4 of 7 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:10.01.2022 13:42:04 to argue that the said plea of part performance can be raised as a defence in a suit for possession as held by the Supreme Court in Maneklal Mansukhbhai v. Hormusji Jamshedji Ginwalla and Sons, AIR 1950 SCC 1.

8. Advance copy of this petition is stated to have been served upon Respondents and Mr. G.D. Chopra learned counsel for the Respondents is stated to have also joined the virtual court in the morning. However, thereafter when contacted by the court staff he has informed the Court Master that he does not have instructions to appear today in these matters. Clause 4 of the lease deed reads as under:

"4. That the present lease is for a period of three years commencing from 14th January, 1994 and it can be renewed by the lessee for further two period of three years successively and then for two years, after increasing the rent by 20% (twenty percent) on the last rent paid each time the lease is renewed for three years/two years. And fresh lease deed will be executed at each such time. Further extension, if any, after the expiry of 11 years shall be only on the terms and conditions as may be mutually agreed upon between the lessor and the lessee at that time and a fresh lease deed will be executed."

In the light of the above clause, which provides for the term of the lease, the issue raised by Ld. Sr. counsel prima facie deserves consideration.

9. Issue notice to the Respondents, returnable on 24 th March, 2022 before the Registrar. Additionally, a copy of this order be sent to Mr. G.D.Chopra by the ld. Counsel for the Appellant. On the next date, submissions would be heard on behalf of both parties as to the substantial question of law, if any, that are to be framed in this matter.

10. Subject to deposit of Rs.20 lakhs in each of the five appeals, the impugned judgments/decrees shall remain stayed. The deposit shall be made RSA 2/2022 & Connected matters Page 5 of 7 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:10.01.2022 13:42:04 in favour of the Registrar General within four weeks.

11. Let the Trial Court records and the Appellate Court records in the following cases be requisitioned before the next date of hearing:

a) Suit No. 606905/2016 titled "Master Avishkar Prakash & Ors.

v. M/s JK Corp. Ltd." before the Ld. CJ.-III (West) Tis Hazari Court.

b) Suit No. 606908/2016 titled "Manish Gulati v. M/s JK Corp. Ltd" before the Ld. CJ.-III (West) Tis Hazari Court.

c) Suit No. 606886/2016 titled "Harinder Pal Singh & Anr. v. M/s JK Corp Ltd." before the Ld. CJ.-III (West) Tis Hazari Court.

d) Suit No. 606909/2016 titled "Master Vishal Tayal v. M/s JK Corp Ltd." before the Ld. CJ.-III (West) Tis Hazari Court.

e) Suit No. 606883/2016 titled "Man Mohan Tayal & Anr. v. M/s JK Corp Ltd." before the Ld. CJ.-III (West) Tis Hazari Court.

f) RCA DJ No. 149/2018 titled "J.K. Lakshmi Cement Ltd. v. Vishal Tayal" before the Ld. ADJ-03 (Central), Tis Hazari Courts, Delhi.

g) RCA DJ No. 150/2018 titled "J.K. Lakshmi Cement Ltd. v. Manish Gulati & Ors." before the Ld. ADJ-03 (Central), Tis Hazari Courts, Delhi.

h) RCA DJ No. 151/2018 titled "J.K. Lakshmi Cement Ltd. v. Master Avishakar Prakash & Anr." before the Ld. ADJ-03 (Central), Tis Hazari Courts, Delhi.

i) RCA DJ No. 147/2018 titled "J.K. Lakshmi Cement Ltd. v. Harjinder Pal Singh & Anr." before the Ld. ADJ-03 (Central), RSA 2/2022 & Connected matters Page 6 of 7 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:10.01.2022 13:42:04 Tis Hazari Courts, Delhi.

j) RCA DJ No. 148/2018 titled "J.K. Lakshmi Cement Ltd. v. Man Mohan Tayal & Anr." before the Ld. ADJ-03 (Central), Tis Hazari Courts, Delhi.

12. List before the Registrar on 24th March, 2022.

13. List before the Court on 24th May, 2022.

PRATHIBA M. SINGH, J JANUARY 6, 2022 mw/SK RSA 2/2022 & Connected matters Page 7 of 7

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Delhi High Court - Orders