KANWAL KISHORE MANCHANDA Vs. S.D.TECHNICAL SERVICES PVT. LTD
LAWS(DLH)-2013-12-32
HIGH COURT OF DELHI
Decided on December 06,2013

KANWAL KISHORE MANCHANDA Appellant
VERSUS
S.D.Technical Services Pvt. Ltd Respondents




JUDGEMENT

M.L.MEHTA,J. - (1.)THE plaintiffs have filed the instant suit for ejectment, mesne profits, damages and mandatory injunction directing the defendant to discharge all claims and demands of the Delhi Vidyut Board (for short ,,the DVB) and its successor, BSES, in respect of ground floor of property bearing No. B -87, Maya Puri Industrial Area, Phase -I, New Delhi (hereinafter referred to as ,,the suit property). The plaintiffs have also claimed damages to the tune of Rs. 20,00,500/ - (Rupees Twenty Lakhs and Five Hundred Only).
(2.)THE plaintiffs case is that, their father, Sh. Ram Prakash, granted a temporary license to the defendant vide license agreement dated February 25, 1983 in respect of the suit property, comprising of right side office rooms, center bay and godown and one bay without any portion of the terrace. The monthly fee fixed for the said portion was Rs. 10,000/ - (Rupees Ten Thousand Only). The plaintiffs submit that Sh. Ram Prakash died on July 25, 1990, leaving behind a will in their favour. And that in consonance of the said will, the defendant attorned the plaintiffs as licensors/owners of the suit property and started paying license fee to them. The plaintiffs further submit that subsequently, the defendant was permitted to use the first floor of the suit property, resulting in increase in the license fee to Rs. 12,000/ - (Rupees Twelve Thousand Only). And that after February 1992, the license fee was further enhanced to Rs. 20,000 (Rupees Twenty Thousand) p/m.
The plaintiffs allege that the defendant stopped paying the license fee on October 1, 1994, whereupon they filed CS (OS) No. 952/1998 for recovery of arrears of the license fee. And that subsequently, vide notice dated November 16, 2002, the plaintiffs terminated the said license with effect from May 31, 2003 and directed the defendant to remove its belongings therefrom. And that the notice also specified that if the defendant failed to comply with the said direction, it would be liable to pay use and occupation charges which worked to be Rs. 1,00,000/ - (Rupees One Lakh Only) per month at that time. The notice also demanded that the outstanding license fees be paid by the defendant.

(3.)THE plaintiffs submit that the defendant replied to the said notice through its counsel vide letter dated March 1, 2003. The plaintiffs submit that in the said letter, the defendant raised frivolous pleas. The defendant in the letter sought to deny that Sh. Ram Prakash was the proprietor of M/s Ram Prakash Kanwal Kishore but only as one of its partners. The plaintiffs claim that this stand is a clear departure from the defendants letter dated October 20, 1990. In the said letter, the defendant admitted and attorned to Sh. Ram Prakash, recognizing that he was the sole proprietor of M/s Ram Prakash Kanwal Kishore. The plaintiffs submit that the defendant also wrongly stated in the reply that an area measuring 208.75 sq. mts. was surrendered to them on February 21, 1993. And that a further area of 8.8 sq. mts. of the stairs leading to the first floor was surrendered to the plaintiffs and that as on March 1, 1996, the defendant was in possession of an area measuring 643.5 sq. mts. The plaintiffs submit that the defendant surrendered 1/4th of the Center Bay measuring 1750 sq. mts. in the year 1993 and the entire first floor was surrendered on June 23, 2002. And that the said surrender was voluntarily made by the defendant without any reduction in their liability to pay the license fee.


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