PADMA SHARMA Vs. PUNJAB NATIONAL BANK
HIGH COURT OF DELHI
PUNJAB NATIONAL BANK
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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
(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
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