JUDGMENT :

(Krishna Rao, J.)

1. The plaintiff has filed the instant application under Chapter XIIIA of the Original Side Rule of this Court praying for summary judgment for a sum of Rs. 5,47,70,672.40/-together with an interest @ of 18% per annum from July 2016 till January 2020.

2. The plaintiff has filed suit against the defendant praying for the following reliefs :

“a) Decree for Rs. 5,47,70,672.40p;

b) Decree for Rs. 3,53,27,170/-on account of interest from July 1, 2016 to January 31, 2020 as pleaded in paragraph 27 hereof;

c) Interest on judgment and other reliefs.”

3. Initially a lease deed was entered between The Model Manufacturing Company Limited and the Income Tax department on 3rd June, 1967 for a period of three years. Even after the expiry of the period of three years, no further lease was entered between the parties but the Income Tax department had continued with the possession of the said premises as a monthly tenant but the monthly rent was not revised. In between 10th July, 1972 and 13th June, 1985, the Central Public Works Department had issued various memorandums for enhancement of rent with respect of various properties taken on rent by the Central Government. Inspite of several requests and demands made by the company, the defendants have not come forward to revise the monthly rent. In the month of December, 1995, the defendant no. 2 had informed the company regarding sanction of enhancement of the monthly rent @ of Rs. 9.02 per sq. ft. inclusive of Municipal Tax with effect from 18th October, 1986. Though the company had accepted the said offer but the defendants did not make any payment to the company at the enhance rate. In the month of March, 1996, the company had instituted a suit against the defendants being CS No. 53 of 1996 for eviction of the defendants and in the suit on the prayer of the company, a Commissioner was appointed for the purpose of ascertaining the market rent to determine the mesne profit and damages. Being aggrieved with the order, the defendants have preferred an appeal being APOT No. 435 of 2003 and during the pendency of the appeal, the defendants have agreed to pay the enhance rent at the rate of Rs. 9.02 per sq. ft. inclusive of Municipal Tax with effect from 18.10.1986 subject to the following conditions :

“i) The said company would not press for payment of interest on arrears of rent;

ii) The said company would not press for payment of damages and cost of suit;

iii) The said company would not press for eviction of the department from the said premises; and

iv) Revision of rent for the further periods would be done as per the instructions of the Ministry of Urban Development, i.e. from 18.10.1991 to 17.10.1996, from 18.10.1996 to 17.10.2001 and thereafter the rent would be revised every three years vide DV(Works) Office Memorandum No. 8/1/99 w11(DGW)/Pt. dated 14.08.2001.”

4. In terms of the admission on the part of the defendants, the Hon’ble Division Bench had disposed of the appeal on 17th March, 2006 and subsequently the order was modified on 5th June, 2006. As per the clause (iv) of the condition above the revised rent at the rate of Rs. 9.02 per sq. ft. per month was valid for five years w.e.f. 18th October, 1991 till 17th October 1996 and from 18th October, 1996 to 17th October, 2001 and thereafter the rent would be revised every three years as per Memorandum No. 8/1/99-WII(DGW)Pt. dated 14th August, 2001. As the defendants did not paid the agreed revised monthly rent, accordingly, the company had filed a writ petition being WP No. 854 of 2007 praying for payment of agreed revised rent and further in terms of the memorandum dated 14th August, 2001.

5. During the pendency of the writ petition, by an order passed by the Coordinate Bench of this Court in Company Petition the company was amalgamated with the plaintiff and the suit premises was transferred in the name of the