I.C.S. MOULDS AND LES PVT. LTD. Vs. M/S ALKA PLASTIC
LAWS(ALL)-2012-11-206
HIGH COURT OF ALLAHABAD
Decided on November 22,2012

I.C.S. Moulds And Les Pvt. Ltd. Appellant
VERSUS
M/S Alka Plastic Respondents

JUDGEMENT

Pankaj Mithal, J. - (1.) In this revision under Section 25 of the Provincial Small Cause Court Act, 1887 the dispute between the tenant and landlord is only with regard to damages to be paid by the tenant for the period after expiry of the lease till the handing over of the possession of the demise premises.
(2.) It is admitted to the parties that the agreed rate of rent was Rs. 38,000/- per month and the tenant was liable to pay double of it as damages after the expiry of the lease period. The period of over stay of the tenant in the premises in dispute is from 1.4.2010 to 18.5.2011 as per the finding recorded by the court below.
(3.) The submission of Sri Vinay Khare, learned counsel for the tenant revisionist is that the court below in decreeing the suit for arrears of rent and for damages has failed to consider the amounts which have already been deposited by the tenant. A chart showing the payment so made have been enclosed as annexure 5 to the stay application.;


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