GAURAV HANDA Vs. AMRITSAR IMPROVEMENT TRUST

JUDGEMENT

(1.) This is plaintiffs' second appeal challenging the judgments and decrees of the Courts below whereby their suit for declaration with consequential relief of permanent injunction was dismissed. According to the appellants, they are in peaceful possession of the shops in dispute since 01.11.2006 in terms of the lease deed duly executed by the defendant in their favour at a monthly rent of Rs. 10,800. According to the plaintiff-appellants, they deposited a sum of Rs. 10,800 with the defendant as rent for the month of November 2006 as well as a sum of Rs. 32,400 equivalent to three months' rent for due performance of the terms of the lease deed. As per the plaintiffs, they further deposited a sum of Rs. 32,400 and Rs. 10,800 as rent for the months of December 2006, January 2007, February 2007 and March 2007. It is further case of the plaintiffs that they further deposited a sum of Rs. 10,800 for the month of April 2007 in compliance of the terms and conditions of the lease deed. However, thereafter officials of the defendant-Trust did not accept the rent for the subsequent months. It was further pleaded that the plaintiffs were ready to deposit the amount of rent with the defendant-Trust, however, they were threatening to remove the plaintiffs from the property in dispute. The defendant issued a notice dated 24.07.2008 demanding a sum of Rs. 21,600 per month to be increased @ 20% after every three years. The amount demanded was against the lease deed as the amount of rent was fixed @ Rs. 10,800 for both the shops, which was now being demanded as Rs. 21,600 per month, and thus, necessity arose to file the instant suit.

(2.) Upon notice, the defendant appeared and filed written statement raising various preliminary objections. On merits, it was admitted that the plaintiffs were in possession of two shops bearing No. 22 and 23 situated on the second floor of Nehru Shopping Complex, Amritsar with effect from 01.11.2006 and were running their business. According to the defendant-respondent, on 30.07.2001 resolution No. 215 was passed with respect to the shops on rent located at Nehru Shopping Complex, Amritsar. As per the said resolution, the rent of shops No. 19 to 20, 53 to 56 and 79 to 81 was fixed @ Rs. 15/- per square feet. On 12.09.2006, the plaintiffs applied to the defendant-Trust for allotment of shops No. 22 and 23 located on the second floor of Nehru Shopping Complex, Amritsar on rent and the same were allotted to them @ Rs. 15 per square feet vide letter No. AIT/DK/8106 dated 12.10.2006. As per the site plan of the defendant-Trust, measurement of one shop was 16'.6" x 57'.9" i.e. about 720 square feet. There were ten shops located on the second floor of Nehru Shopping Complex, Amritsar and all the shops were of same size and rent of each shop was fixed @ Rs. 15 per square feet i.e. Rs. 10,800 per month for each shop. Possession of both the shops was handed over to the plaintiffs by the defendant-Trust. The plaintiffs also deposited a sum of Rs. 86,400 on 02.11.2006 i.e. Rs. 64,800 as security and Rs. 21,600 as rent of both the shops. At the time of allotment of the aforesaid shops, it was clearly stated in the allotment letter that rent of one shop is fixed @ Rs. 15 per square feet, which comes to Rs. 10,800 per month and as such the rent of both the shops in possession of the plaintiffs comes to Rs. 21,600 per month and security of both the shops for three months comes to Rs. 62,800 which was also deposited. It was further denied that the plaintiffs well in advance on 01.11.2006 deposited with the defendant a further sum of Rs. 32,400 and Rs. 10,800 as rent for the months of December 2006, January 2007, February 2007 and March 2007 as alleged. It was further denied that the plaintiffs deposited a sum of Rs. 10,800 on 19.01.2007 as rent for the month of April 2007, as alleged. According to the defendant, the plaintiffs deposited a sum of Rs. 10,800 as rent of one shop i.e. Shop No. 22 and had not deposited the rent of shop No. 23 with the Trust. According to the defendant, a sum of Rs. 4,21,200/- was due against the plaintiffs till 31.07.2008 and for that a notice was sent to them. Instead of depositing the aforesaid amount, the plaintiffs have filed the instant suit. It has been further alleged that plaintiffs have violated the terms and conditions of the allotment letter causing damage to the property of the defendant-Trust by removing the intervening wall of both the shops. All other material averments were denied and dismissal of the suit was prayed for.

(3.) After closure of evidence of the defendant, the trial Court heard arguments of both the parties and vide impugned judgment and decree dated 11.03.2013 held that the notice demanding arrears of rent cannot be termed to be illegal. However, the plaintiffs were in possession of the suit property and they cannot be dispossessed forcibly except in due course of law. Issues No. 3 to 8 were not pressed by learned counsel for the defendant and ultimately suit was dismissed.