PADMA SHARMA Vs. PUNJAB NATIONAL BANK
LAWS(DLH)-2007-1-48
HIGH COURT OF DELHI
Decided on January 29,2007

PADMA SHARMA Appellant
VERSUS
PUNJAB NATIONAL BANK Respondents

JUDGEMENT

SANJAY KISHAN KAUL, J. - (1.) The plaintiffs filed a suit for possession, recovery of damages and mesne profits against the defendant/bank in respect of premises bearing Nos.111, 112, 115 and 116, Main Laxmi Nagar Market, Delhi consisting of 1412.5 sq.ft. on the ground floor and 1469.02 sq.ft. on the first floor. The Lease Deed dated 11.3.1994 specifies that the period of lease commences from 27.12.1989 and the rent payable was Rs.9,704/- per month. This rent was @ Rs.3.75 per sq.ft. for the ground floor and Rs.3.00 per sq.ft. for the first floor. The Lease Deed is exhibited as exhibit PW-1.
(2.) The plaintiffs issued noticed through counsel dated 30.9.1994 (exhibit PW2) asking the premises to be vacated. This was followed up by another notice dated 28.10.1996 (exhibit PW3). Since the premises were not vacated the suit was filed.
(3.) There is no dispute about the execution of the Lease Deed, the extent of the premises and the agreed rent. The premises were finally vacated on 24.5.2001 and the question of mesne profits was referred to the Local Commissioner to be decided after recording evidence. The report of the Local Commissioner, as he then was, dated 28.3.2006 has been received. As per the report the rate of damages has been assessed at Rs.10/- per sq.ft. uniformly. The Local Commissioner left open two questions to be examined by this Court. The first question related to the plea of the defendant for waiver of notice and the second is in respect of the period for which the damages have to be assessed. The second plea is, in fact, linked with the first plea inasmuch as while the plaintiffs claim that even by efflux of time the Lease Deed would expire on 26.12.1994, the defendant claims that they continued to deposit the rent in the accounts of the plaintiffs and thus, till 1996 they are not liable to pay any damages as they were authorised tenants in the premises on a month to month basis.;


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