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Judgment
Manmohan Singh, J.—The plaintiffs have filed the instant suit for ejectment, recovery of arrears of rent and tax deducted at source amounting to Rs.31,99,835/- along with future interest @15% per annum from the date of filing of the suit till realization of the amount of mense profits.
It is averred in the plaint that plaintiffs are the joint owners of a shop bearing private No. ''A'' in the property No.F-141, Rajouri Garden, New Delhi comprising of Ground Floor, 1st Floor and Second Floor. Vide registered lease deed dated 04.09.2008 the defendant took the said shop bearing private No. ''A'' for a monthly rental of Rs.2,00,000/- besides water, electricity and other charges. The defendant paid the said monthly rent till 09.06.2010. For the month ending on 09.07.2010 the defendant only paid Rs.1,60,000/- and for the month ending on 09.08.2010 the defendant only paid Rs.40,000/-. With effect from 10.08.2010, the defendant stopped paying the rent and is in arrears of rent from 10.08.2010 to 10.06.2011. Further, the plaintiffs came to know that the defendant has neither deposited tax deducted at source on rent with the Government nor paid it to the plaintiffs for depositing it with the Government.
It is further stated that as per clause 8, the non-payment of rent amounts to the breach of Rent Agreement dated 04.09.2008 therefore, by way of notice dated 28.06.2011 the plaintiffs terminated the tenancy of defendant in the said shop ''A'' from the end of 15 clear days of the receipt of the said notice which was sent under registered A.D. post. But, despite service of the said notice dated 28.06.2011, the defendant did not send any reply to the same.
Further, it is stated by the plaintiffs that after the termination of tenancy by them, the defendant is not entitled to remain in possession of the said shop ''A''. Thus, the defendant is in wrongful possession of the said shop ''A'' and the plaintiffs being the owners have the right to obtain possession of the said shop ''A'' from the defendant and, therefore, the plaintiffs have filed the present suit.
The suit was listed before the court for the first time on 17.10.2011 when the summons were issued to the defendant. However, despite service no one appeared on behalf of the defendant therefore, vide order dated 04.11.2011 the defendant was proceeded ex-parte. The plaintiff filed evidence by way of affidavit Ex.PW-1/A of plaintiff No.1 i.e. Shri Rajesh Behl, who proved the following documents:
(i) Ex.PW-1/1- Power of Attorney dated 04.09.2008 executed by plaintiffs No. 2 to 5 in favour of plaintiff No.1.
(ii) Ex.PW-1/2- Certified copy of the site plan of the suit property.
(iii) Ex.PW-1/3-Certified copy of the registered Lease Deed dated 04.09.2008.
(iv) Ex.PW-1/4- Notice of the plaintiffs dated 28.06.2011.
(v) Ex.PW-1/5- The original postal receipts of the notice dated 28.06.2011.
(vi) Ex.PW-1/6- Acknowledgment card.
(vii) Ex.PW-1/7- returned envelope with the Acknowledgement Card.
I have heard the learned counsel for the plaintiffs and have also gone through the affidavit Ex.PW-1/A in ex parte evidence as well as the documents placed on the record. The defendant did not file the written statement. The evidence filed by the plaintiffs has gone unrebutted as no cross-examination of PW-1 Shri Rajesh Behl, was carried out. Therefore, the statements made by the plaintiffs are accepted as correct deposition.
Under these circumstances, the suit of the plaintiffs is decreed in terms of paras (i) and (ii) of the prayer clause which read as under:
(i) pass a decree of ejectment for the recovery of possession in favour of the plaintiff against the defendant of the one shop bearing private No. ''A'' in property No.F-141, Rajouri Garden, New Delhi-110027 comprising of Ground Floor, 1st Floor and 2nd Floor with carpet area of 800 square feet on each floor and shown in RED in the site plan annexed herewith;
(ii) pass a decree for recovery of the sum of Rs.31,99,835/- (Rupees twenty two Lac only) as arrears of rental amounting to Rs.24,40,000/- (Rupees twenty four lacs forty thousand only) till the expiry of 15 days of the receipt of the notice dated 28.06.2011 plus the sum of Rs.7,59,835/- towards the TDS deducted, in favour of the plaintiff and against the defendant.
As regards the occupation charges of the suit property from the date of termination of the tenancy, the learned counsel for the plaintiffs is agreeable that the same be paid by the defendant at the rate of rental of Rs.2 lac per month. For other reliefs, the plaintiffs have reserved their right to file a suit for recovery of the same.
As far as the pendente lite and future interest is concerned as claimed by the plaintiff in para (iii) of the prayer clause @15% per annum from the date of filing of the suit till the realization of the same, I am of the view that the said claim of the plaintiffs is on the higher side and the plaintiffs shall only be entitled to the same @ 9% per annum. The plaintiffs are also entitled for the cost. Ordered accordingly. A decree be drawn accordingly. The additional Court fee, if any is due, be paid by the plaintiffs within two weeks from today. The defendant is directed to handover the vacant and peaceful possession of the suit property to the plaintiffs on or before 24.03.2012, otherwise, the plaintiffs would be at liberty to take the appropriate proceedings in accordance with law. All pending applications, if any, also stand disposed of.