The main legal point established is the liability of the appellant to pay the complete decretal amount minus the amount for three months' notice period within six months.

JUDGMENT

V. Kameswar Rao, J. (Oral)

CM APPL. 35974/2023 (for exemption)

Exemption allowed subject to all just exceptions.

Application stands disposed of.

CM APPL. 35973/2023 (for delay)

This is an application filed by the appellant seeking condonation of 58 days delay in filing the appeal.

For the reasons stated in the application, the delay of 58 days in filing the appeal is condoned.

The application is disposed of.

RFA(COMM) 143/2023, CM APPL. 35972/2023

1. The challenge in this appeal is to a judgment/decree dated February 4, 2023 passed by the learned District Judge (Commercial Court-01) South-East, Saket Courts, New Delhi whereby the learned District Judge has while decreeing the suit being CS (Comm) No.239/2022 has stated as under:

"12. As such, defendant is liable to pay the following amounts to the plaintiffs.

13. The plaintiffs are therefore entitled to a sum of Rs.13,74,112/- along with interest@ 12% per annum from 01.04.2022 till realization of the amount. Defendant is therefore directed to pay a sum of Rs.13,74,112/- along with interest @12% per annum from 01.04.2022 till realization of the amount to the plaintiffs. The plaintifs are also entitled to costs. Decree sheet be drawn."

2. It is the conceded case of the appellant herein that he was ex parte before the learned District Judge. He filed an application under Order IX Rule 13/Order IX Rule 7 CPC for the setting aside the ex parte order. The application was dismissed resulting in filing of a review petition by the appellant. The same was also dismissed. He filed an application under Order VIII Rules 1 & 10 CPC for taking the written statement on record. The same was also dismissed.

3. The admitted facts are that, the respondents are owners of the premises bearing No.GF-7, Ground Floor, Plot No.7, TDI Centre, Jasola, New Delhi-110025 admeasuring 939 sq. feet. A lease agreement was executed between the parties on August 09, 2018. The same got registered on August 10, 2018, whereby the aforesaid premises was let out to the appellant herein for a period of nine years starting from May 01, 2018 at a monthly rent of Rs.80,000/- per month along with maintenance charges.

4. The lease deed had a stipulation that the rent shall be enhanceable by 15% after every three years. It was the case of the respondents before the learned District Judge that from the month of November 2020, the entire rent was not paid to them by the appellant herein. It may be stated here that there was a lock-in period of three years stipulated in the lease deed. There is no dispute that the lock-in period had expired on August 9, 2021.

5. It was the case of the respondents that on September 30, 2021/October 1, 2021, they have received a notice dated September 29, 2021, from the appellant herein whereby the appellant terminated the lease agreement. It is also a conceded position that there was a force majeure clause in the lease deed.

6. It is the submission of the learned counsel for the appellant that the premises was taken on rent for running a liquor shop in terms of the license granted by the Govt. of NCT of Delhi and the same was terminated in the month of September 2021 resulting in the issuance of notice terminating the lease deed.

7. According to him, as a notice of six months was required to be issued for terminating the lease deed by the appellant herein, the judgment/decree which also made payable an amount of Rs.5,52,000/- (Rs.92,000/- per month x 6 months) the same is not tenable. In other words, he submits that the learned District Judge should have wa