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D.P.WADHWA, M.K.SHARMA
VINOD KHANNA – Appellant
Versus
BAKSHI SACHDEV (DECEASED) – Respondent
Based on the provided legal document, the assessment of rent does not necessarily depend solely on the existence of a formal rental agreement or deed. The court can determine the fair market rent for the premises through judicial notice and evaluation of surrounding circumstances, such as the prevailing rent in the area and the evidence on record.
In the case discussed, the court took judicial notice of the fact that rents in Delhi had been increasing and used this to determine a fair rent amount, despite the lease deed being unregistered and not explicitly specifying the rent. The court emphasized that even in the absence of a registered lease or explicit agreement, rent can be assessed based on evidence, prevailing market conditions, and judicial notice of facts relevant to the property's location and usage.
Therefore, rent can be assessed even without a formal or registered rental agreement, provided there is sufficient evidence or judicial notice to establish a reasonable and fair rent.
( 1 ) THE present appeal by defendants 1,2 and 3 is directed against the judgment and decree dated 29. 5. 1993 passed by the learned Single Judge in Suit No. 723 /1989 filed by plaintiff/respondent No. 2 and the predecessor- in-interest of respondents No. 1 (a) and 1 (b) for recovery of possession, mesne profits, damages and injunction relating to property No. 5, Golf Links, New Delhi.
( 2 ) THE case of the plaintiff as pleaded in the plaint, in brief, is that the property was let out to M/s. Dynamic Sales Service International Pvt. Ltd. w. e. f. 19. 6. 1974 on a monthly rent of Rs. 6,000. 00. The written lease agreement in this connection is dated 21. 6. 1974 but the same was not registered. It is pleaded that after a few months the lease was transferred in favour of defendant No. 1 - namely M/s. Concord International Pvt. Ltd. in pursuance of which the defendant No. 1 became the sole tenant on the same terms and conditions. The defendant No. 2 alongwith his family members practically own all the shares of defendant No. 1, and accordingly for all practical purposes the defendant No. 1 is a company belonging to defendant No. 2 and his family, who are also the p
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