Full Text
CS (OS) No.2564 of 2011 HIGH COURT OF DELHI
Date of Decision: 20.03.2015 CS(OS) 2564 of 2011
ANUPAM THEATRES & EXHIBITORS PVT. LTD. ..... Plaintiff
Through: Mr. B.B. Gupta, Mr. Udyan Srivastava &
Mr. Sanyam Khetrapal, Advs.
Through: Ex parte vide order dated 9.12.2014.
NAJMI WAZIRI, J. (Oral)
JUDGMENT
1. This is a suit for ejectment and mesne profits. The defendant has been proceeded ex parte. Ex parte evidence of the plaintiff has been recorded. The plaintiff is the owner and landlord of commercial space admeasuring approximately 1150 sq.ft. being Unit No.FF-105A, First Floor, C-Block in Ansal Plaza, Khel Gaon Marg, New Delhi-110049 (for short the ‘suit property’) by virtue of an allotment-cum-ownership letter issued by the builder dated 16.3.2005 (Ex.PW1/3).
2. The property was let out to the defendant at a monthly rent of Rs.2,01,250/- calculated @ Rs.175/- per sq.ft. Additionally, the defendant had further agreed to pay an amount of Rs.25/- per sq.ft. per month towards maintenance charges to the concerned 2015:DHC:2668 maintenance agency. This has been admitted by the defendant in a suit filed by it before the learned Senior Civil Judge (South East), Saket, District Courts, New Delhi (Ex.PW1/9), wherein the defendant has admitted as under:
3. The said suit was ultimately disposed off upon an undertaking of the plaintiff herein that it would not dispossess the defendant herein except by due process of law.
4. The tenancy commenced from 1.1.2010. The monthly rent was paid till 20.4.2011. The statement of account reflecting payment by the defendant-Company, tabulated by the plaintiff-Company (Ex.PW1/4) has not been rebutted by the defendant. A notice of termination dated 21.7.2011 (Ex.PW1/5) was issued to the defendant because no rents were paid for the suit property since 1.4.2011. The notice was duly served upon the defendant through courier and registered post and the proof of service is exhibited as Ex.PW1/6 and PW1/7 respectively. The acknowledgement card is exhibited as Ex.PW1/8. The suit property has not been vacated by the defendant ever since. Therefore, the plaintiff seeks possession of the suit property.
5. The averments in the plaint and the evidence of the plaintiff are unrebutted. A case is made out for the grant of reliefs sought in the plaint. The mesne profits claimed are in terms of the admitted rate of rent.
6. The suit is accordingly, decreed in terms of prayers (a), (b) & (c) of the plaint along with interest on the outstanding rent @ 8 per cent per annum from each successive date when the rent was payable.
7. Mr. B.B. Gupta, the learned counsel for the plaintiff submits that