Delhi District CourtMrs. Asha Rani Seth vs Sh. Ashish Taneja on 1 December, 2008-:1:-


  IN THE COURT OF SH. SANDEEP GARG, CIVIL JUDGE, DELHI
                                                                 SUIT NO : 284/07


Mrs. Asha Rani Seth,
W/o Sh. R.K. Seth,
R/o Shanti Mohan Niwas,
4564-A, 16, Darya Ganj,
New Delhi.
                                           ..........Plaintiff
           Versus


Sh. Ashish Taneja,
S/o Sh. S.P. Taneja,
Room No. 4 (Private),
Ground Floor,
Property No. 4551-56,
16 Darya Ganj,
New Delhi.

Second Address :
C/o Varuna Roadlines Pvt. Ltd.
Plot No. 16/9, Mahipalpur,
Rangpuri, New Delhi.

Third Address :
R/o KA-61, Kavi Nagar,
Ghaziabad (U.P.)
                                           ..........Defendant


Date of Institution : 01.06.2007


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Date on which judgment was reserved : 01.12.2008
Date of pronouncement of Judgment : 01.12.2008


     SUIT FOR POSSESSION, RECOVERY OF ARREARS OF RENT
                    AND MAINTENANCE CHARGES


EX-PARTE JUDGMENT



1.The present suit for possession, recovery of Rs. 1,42,192/- (Rupees

One Lac Forty Two Thousand One Hundred and Ninety Two Only) and

mesne profits has been instituted by the plaintiff averring that plaintiff is

owner of the suit property bearing no. 4551-56, 16, Darya Ganj, Delhi out of

which, one room bearing private no. 4, situated on the ground floor, ad-

measuring 260 square feets (hereinafter referred to as the suit property) was

leased out to the defendant vide registered lease deed dated 03.02.1996, for a

period of 6 years commencing from 01.02.1996, at a monthly rental of Rs.

3,750/- excluding water and electricity charges.2.         It is averred that, it was agreed between the parties, inter-alia thatPage 2 of 8-:3:-the rent of the tenanted premises shall be increased @ 10% on the last paid

rent, after every three years. The defendant also agreed to pay maintenance

charges @ Rs. 125/- per month. Maintenance charges were also subject to

increase, from time to time. The defendant also agreed to pay house tax, in

the eventuality of its being increased.3.      It is stated that the rent of the suit premises was increased from Rs.

3,750/- to Rs. 4,125/- w.e.f. 01.02.1999, to Rs. 4,538/- w.e.f. 01.02.2002 and

finally to Rs. 4,992/- w.e.f. 01.02.2005, exclusive of water, electricity and

other charges.    The tenure of the lease deed expired on 03.02.1996 and

thereafter, the defendant continues to occupy the suit premises as a tenant, by

holding over.    The defendant paid rent for the month of February, 2005

through a cheque bearing no. 069275 dated 03.02.2005, for a sum of Rs.

4,537/- and for the month of March, 2005 vide cheque no. 074366 dated

04.03.2005, for a sum of Rs. 4,539/-.4.      It is averred that although rent was payable @ Rs. 4,993/- w.e.f.

01.02.2005, as per the agreement, but the defendant instead paid the rent @Page 3 of 8-:4:-Rs. 4,538/- and therefore, the plaintiff is also entitled for recovery of Rs. 910/-

on account of deficiency of rent paid for the months of February and March,

2005. The defendant has neither paid nor tendered any rent since April, 2005

onwards, inspite of repeated requests made by the plaintiff. Maintenance

charges were increased from Rs. 125/- per month to R. 200/- per month w.e.f.

January, 2004 and to Rs. 250/- per month w.e.f. January, 2006 onwards.5.      It is stated that the defendant had lastly paid the maintenance charges

vide cheque no 042990 dated 05.08.2003, for a sum of Rs. 1,200/- i.e.

maintenance charges up to the month of December, 2003. Thus, the defendant

has also not paid maintenance charges since January, 2004 onwards and the

defendant is liable to pay maintenance charges @ Rs. 200/- per month for the

period January, 2004 to December, 2005 and @ Rs. 250/- per month from

January, 2006 onwards. The plaintiff accordingly, vide a composite legal

notice dated 15.04.2007 terminated the tenancy of the defendant, in terms ofSection 106of the Transfer of Property Act, 1882 and also called upon the

defendant to pay the arrears of rent and maintenance charges. The said legal

notice was sent at all the three addresses of the defendant, known to thePage 4 of 8-:5:-plaintiff. The envelope containing legal notice, sent at the address of the suit

property was received back unserved with the report 'visited again and again

and found locked. Hence, returned'. The envelope sent to the defendant at

address of plot no. 60/9, Mahipalpur, Rangpuri, New Delhi was received back

unserved with the report 'refused to receive. Hence, returned'.6.          It is averred that the legal notice sent to the defendant at Ghaziabad

address has neither been returned back, nor the AD Card has been received

back. Since the tenancy of the defendant has been terminated by the plaintiff,

the defendant was required to handover physical possession of the suit

premises by the end of May, 2007.               Therefore, the defendant is in

unauthorized occupation of the suit premises since June, 2007 onwards and is

liable to pay mesne-profits at the rate of rent, currently prevailing in the

locality.7.          It is stated that since the defendant has failed to handover possession

of the suit property and also to pay arrears of rent, maintenance charges and

house tax despite issuance of a demand legal notice and repeated requestsPage 5 of 8-:6:-made by the plaintiff, plaintiff is constrained to institute the present suit. The

plaintiff is seeking recovery of possession of the suit property and also for

recovery of arrears of rent and maintenance charges, house tax, total

amounting to Rs. 1,42,192/-, besides mesne-profits.8.      On issuance of process, the defendant refused to accept service. Since

none appeared on behalf of the defendant, the defendant was deemed to have

been served and was consequently, proceeded ex-parte vide order dated

03.04.2008.9.      The plaintiff examined Sh. Radha Krishan Seth as PW-1, in order to

substantiate her case.    PW-1 deposed that plaintiff has executed a special

power of attorney on 26.07.2008, in his favour whereby, he has been

authorized to represent the plaintiff in the present suit. PW-1 deposed and

reaffirmed the averments made in the plaint and proved on record the special

power of attorney dated 26.07.2008, as Ex. PW-1/1, site-plan as Ex. PW-1/2,

sale deed dated 03.02.1996, as Ex. PW-1/3, legal notice as Ex. PW-1/4, postal

receipts as Exs. PW-1/5 to PW-1/7, envelopes as Exs. PW-1/8 and PW-1/9.Page 6 of 8-:7:-10.     The court has perused the record and has heard the submissions made

by ld. counsel for the plaintiff. The testimony on behalf of the plaintiff has

remained uncontroverted and unrebutted. The plaintiff has proved on record

existence of a relationship of lessor and lessee between the parties. The lease

deed also contains stipulations regarding increase of rent, maintenance charges

and payment of house tax by the defendant.11.     In view of the above discussion, the court holds that the plaintiff has

been successful in discharging the onus of proving that she is entitled to

recovery of possession of one room bearing private no. 4, situated on the

ground floor, ad-measuring 260 square feets in property bearing no. 4551-56,

16, Darya Ganj, Delhi, more specifically shown in red colour in the site-plan,

Ex. PW-1/2 and also for recovery of arrears of rent for the period April, 2005

to May, 2007 @ Rs. 4,993/- amounting to Rs. 1,29,818/-, besides Rs. 910/- on

account of deficiency in payment of rent for the month of February and

March, 2005. Plaintiff is further held entitled to recovery of maintenance

charges @ Rs. 200/- per month w.e.f. January, 2004 to December, 2005,Page 7 of 8-:8:-amounting to Rs. 4,800/- and @ Rs. 250/- per month for the period January,

2006 to May, 2007, amounting to Rs. 4,250/- and also house tax for the period

2006-2007, amounting to Rs.2,414/-. Thus, the court holds that the plaintiff is

entitled to recovery of a total sum of Rs. 1,42,192/- and also for recovery of

rent at the agreed rate, maintenance charges and house tax w.e.f. June, 2007

till the date of delivery of possession of the suit property to the plaintiff. Costs

are also awarded in favour of the plaintiff.            Decree sheet be drawn

accordingly. File be consigned to Record Room.Announced in open court:Dated : 1st December, 2008                       (SANDEEP GARG)

(Three copies attached)                        CIVIL JUDGE, DELHIThis judgment contains 8 pages and each page bears my signatures.Page 8 of 8