An unregistered lease exceeding one year is invalid, thus establishing month-to-month tenancy liable for eviction upon proper notice.

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. The instant Suit has been filed by the Plaintiff with the following prayers:-

“(a) Pass a decree of possession in favour of the Plaintiff and jointly and severally against the Defendants directing the Defendants to forthwith hand over the vacant and peaceful possession of the. Subject Premises i.e., an area admeasuring 2.45 acres (consisting of one main dwelling building block having built-up area of 30,000 Sq. ft. with lawn) of Property bearing No. D-17, Pushpanjali Farms, Bijwasan, New Delhi - 110037, which is admeasuring a total of 3.8125 acres;

(b) Pass a decree of money in favour of the Plaintiff and jointly and severally against the Defendants directing the Defendants to pay a sum of Rs. 30,90,810/- (Rupees Thirty Lakhs Ninety Thousand Eight Hundred and Ten Only) towards the arrears of rent for a period of 21 days i.e., 01.07.2024 to 21.07.2024 along with interest at the rate of 18% per annum from the due date till the date of actual payment;

(c) Pass a decree in favour of the Plaintiff and jointly and severally against the Defendants directing the Defendants to pay mesne profits and/or damages at the rate of Rs. 1,00,00,000/- (Rupees One Crore only) per month to the Plaintiff, w.e.f 22.07.2024 till the vacant and peaceful possession of the Subject Premises is restored back to the Plaintiff, along with interest at the rate of 18% per annum from the due date till the date of actual payment;

(d)Pass a decree of permanent injunction restraining the Defendants and its employees, associates, agents, representatives and assignees, jointly and severally from selling, alienating, transferring or creating any third-party rights or in any manner interfering with the ingress, egress and peaceful possession of Plaintiff, in respect of D-17, Pushpanjali Farms, Bijwasan, New Delhi - 110037;

(e) Direct the Defendants to pay the costs of present litigation to the Plaintiff;

(f) Pass any such further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”

2. The facts of the present Suit are as under:

i) The Property No. D-17, Pushpanjali Farms, Bijwasan, New Delhi-110037 admeasuring a total area of 3.8125 acres (hereinafter referred to as the "Pushpanjali Property"), is divided into:

a. One main dwelling building block having built-up area of 30,000 Sq. ft. with lawn on approximately 2.45 acres of land ("Subject Premises").

b. Independent out house building block on 1.3625 acres of land.

ii) It is stated that for entering the aforesaid two building blocks, there is a common main gate and common passage. On 01.04.2020, the erstwhile owner of the Pushpanjali Property i.e., M/s Indus Sor Urja Pvt. Ltd. and the Defendant Nos. 1 to 3 executed an unregistered agreement titled as "Lease Deed" (hereinafter referred to as the "Lease Deed"), whereby the Defendant Nos. l to 3 were given the Subject Premises on lease for the use of the Defendant Nos. 1 to 3. It is stated that as per Clause 2.1 of the Lease Deed, the rent was fixed at Rs.39,67,500/- per month along with applicable GST to be paid by the Defendant Nos. 1 to 3 in the manner stipulated therein. It is further stated that the current rent being paid by the Defendants was a sum of Rs. 45,62,625/- per month including TDS along with applicable GST.

iii)It is stated that the area of 1.3625 acres of land in the Pushpanjali Property was never leased to the Defendants and the same is currently in exclusive possession of the Plaintiff. The Plaintiff is entitled to use the common main gate and common passage, without any hindrance or restriction, in order to access, use, and enjoy the said area of 1.3625 acres of the Pushpanjali Property. It is stated that the Defendants cannot in any manner restrict or impinge on the said right and thereby, interfere with rights of ingress and egress of the Plaintiff qua the said area of 1.3625 acres of the Pushpanjali Property.

iv)It is further stated that Clause 1 of the aforesaid Lease D