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High Court Of Delhi
ATMA RAM PROPERTIES PRIVATE LIMITED - Appellant
Versus
AIR INDIA LIMITED - Respondent
Decided On : 12/01/1996
ORDER XII RULE 6 CPC - POSSESSION SUIT - NOTICE OF TERMINATION - RIGHT OF RENEWAL - PARTIAL POSSESSION - DECREE FOR POSSESSION - TRANSFER OF PROPERTY ACT, 1882, SECTION 106 - INTERPRETATION AND APPLICATION.
Fact of the Case:
Plaintiff filed a suit for possession of the premises let out to the defendant, arrears of rent, and interest. The defendant admitted the tenancy but claimed a right of renewal and alleged that the notice of termination was invalid. The plaintiff contended that the notice was valid and that the defendant was not entitled to renewal.
Finding of the Court:
The court held that the notice of termination was valid and that the defendant was not entitled to renewal. The court also held that the plaintiff was entitled to possession of the entire premises let out to the defendant.
Issues: 1. Whether the notice of termination was valid? 2. Whether the defendant was entitled to renewal? 3. Whether the plaintiff was entitled to possession of the entire premises let out to the defendant?
Ratio Decidendi: 1. The court held that the notice of termination was valid because it was in accordance with the Transfer of Property Act, 1882 and the defendant had not sent a reply to the notice. 2. The court held that the defendant was not entitled to renewal because he had not filed a suit or made a counterclaim in the suit seeking to enforce the right of renewal. 3. The court held that the plaintiff was entitled to possession of the entire premises let out to the defendant because the plaintiff was seeking possession with reference to only what was let out to the defendant and for which the defendant had been paying rents to the plaintiff.
Final Decision: The court allowed the plaintiff's application under Order XII Rule 6 CPC and decreed possession of the suit property to the plaintiff. The court also directed the plaintiff to pay to the defendant a sum of Rs. 29 lakhs within one month from the date of the order.
( 1 ) THE plaintiff has filed the application under Order XII Rule 6 read with Section 151 Civil Procedure Code for a decree being passed against defendant. The plaintiff has prayed for the following reliefs in the plaint :
(A) That by way of a decree for possession the plaintiff may be put into the actual, physical and vacant possession of the premises bearing Flat No. 34, including the barasti portion, alongwith the toilet room, F-l, show room garage bearing Nos. 74,75 and 81 and servant quarters No. 108, 109 and 110 as well as bath room and W. C. under the stairs by evicting the defendant No. 1 from the aforesaid premises situated in Atma Ram Mansion (Scindia House), Connaught Circus, New Delhi.
(B) That a decree for Rs. 33,37,475. 00 as arrears of rent for the period from 1. 12. 1991 to 15. 7. 1992 and from 1. 9. 1993 to 31. 10. 1993 @ Rs. 3,54,321. 00 per month may be passed in favour of the plaintiff and against the defendants alongwith interest @ 18% per annum from the date of suit till the actual realisation.
( 2 ) THE defendant herein filed written statement admitting the tenancy but stated that the suit has been filed only in respect of part of the premises and therefore, the plaintiff is not entitled to the reliefs. In para 11 of the written statement it is stated thus : The tenancy premises comprises of ground floor area measuring 3,209 sq. ft, 2,792 sq. ft on the mezzanine floor above the ground floor, 1700 sq. ft on the first floor, 3,317 sq. ft on the second floor, 850 sq. ft on the second floor (mezz) 2389 sq. ft back portion garage and servant quarter and 850 sq. ft on the third floor. The plaintiff has filed a suit for a part of the premises.
( 3 ) IT is further stated that there was a right of renewal and therefore, the plaintiff is not entitled to relief. In para 17 of the preliminary submissions the defendant stated thus:
THAT even in terms of the draft agreement, the plaintiff is entitled to have the tenancy renewed for a further period of five years subject to the increase of rent by 15%. That other terms have been reduced into writing and the defendant in these circumstances is duly protected by the provisions of the Section 53a of the Transfer of Property Act and cannot be evicted from the suit premises.
( 4 ) WHILE repling on the merits, the defendant stated that the notice of termination dated 12. 10. 1993 is illegal and void and no effect can begiven to the notice.
( 5 ) THE plaintiff has filed the replication referring to the lease deed dated 1. 11. 1989. The lease deed is not registered and it cannot be admitted in evidence. The plaintiff has referred to the actual portion let out to the defendant. The plaintiff has referred to the correspondence that has passed between the parties and denied the case of renewal set out by the defendant. At page 19 of the replication the area let out to the defendant is as under:the averments in the written statement have been repudiated by the plaintiff in the replication. Earlier the plaintiff has filed an application being IA No. 8919/94 for direction to the defendant to pay arrears of rent. A direction was issued to the defendant. The defendant took up the matter in appeal to the Division Bench. On 14. 2. 1996 the Division Bench appointed a local Commissioner for the purpose of ascertaining the facts referred to by the defendant. On 12. 4. 1996 the Division Bench dismissed the appeal. At the end of the judgment their Lordships were pleased to observe as follows :
BEFORE parting with the case, we may state that the landlord (respondent) had given notice under Section 106 of the Transfer of Property Act on 12. 10. 1993 terminating the tenancy with effect from 31. 10. 1993 and the suit was filed in September, 1994 for eviction and other reliefs. The defendant-appellant (AIR India), which is a public-sector organisation, has not vacated the premises so far, inspite of the fact that admittedly, it has taken another premises on lease at a monthly ren
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