- (1.)This is a suit for recovery of possession, arrears of rent and mesne profit/damages for use and occupation. The plaintiffs are the owners of plot No. 71 comprised in Khasra No. 53 in Lal Dora of Village Nangli Puna, Delhi, which has a constructed area of 125 sq. feet and office area of 1000 sq. feet. The defendant was inducted as a tenant in respect of the aforesaid property, vide an unregistered lease agreement dated 20th October, 2005 at the rent of Rs 89,000/- p.m.
The month of tenancy commenced from the 15th day of the month and ended on the 14th day of the succeeding month. The rent was to increase by 15% after three years. A supplementary lease agreement was also executed between the parties on 1st October, 2007, whereby an additional rent of Rs 13,000/- was agreed w.e.f. 1.02.2008 till 14th November, 2008 which was the last day of the lease. This was to increase to Rs 14950/- p.m. after three years. The total rent, thereby became Rs 1,02,000/- per month. The defendant also agreed to pay a sum of Rs 3,56,000/- as interest free security deposit, which was to be refunded at the time of vacating the premises, subject to the all adjustments. The rent was payable on or before the 10th day of each month. The defendant, however, did not pay or tender the rent w.e.f. October, 2008. It has been alleged in the plaint that though the tenancy expired with afflux of time on 14th November, 2008, the plaintiff as a matter of abundant precaution terminated the tenancy of the defendant by giving 15 day notice dated 11th November, 2009 w.e.f the midnight of 14th December, 2009. The notice sent by courier was received back with the remarks "shifted", whereas the notice sent by registered post at the suit premises was received back with the remarks "on repeated visits, premises found locked". The notice sent at the registered office of defendant company was also received back with the remarks "left without instructions". The notice dated 11.11.2009, according to the plaintiff thus stood served upon the defendant. Since the defendant has neither vacated the suit premises, nor paid arrears of rent w.e.f. October, 2008, the plaintiffs have now claimed possession of the suit premises besides arrears of rent, amounting to Rs 16,42,200/- at the rate of Rs 117300/- per month. The plaintiffs have also claimed damages for use and occupation at the rate of 10,000/- per day from the date of the filing of the suit till the possession of the suit premises is handed over to them.

(2.)The defendant was proceeded ex parte vide order dated 26th October, 2010, as no one appeared for it, despite service by publication and affixation in terms of the order dated 13th July, 2010.
(3.)The plaintiffs have filed affidavit of plaintiff No. 1 Ajay Ahuja by way of ex parte evidence. In his affidavit Mr. A. Ahuja has supported, on oath, the case set up in the plaint. He has identified his own signatures as well as the signatures of the plaintiff No. 2 on the lease deed Ex.PW- 1/2. He has also identified the signature of Mr. Parag Chaturvedi, representative of defendant company at point "C" on this document. He has also identified the signature of the plaintiffs as well as the signature of Mr G. Udayan David authorized Representative of the defendant on the supplementary lease agreement Ex. PW-1/3. The notice dated 11th November, 2009 sent by the plaintiffs to the defendant through their counsel Mr Rajesh Yadav is Ex. PW-1/14. Ex. PW-1/15 is the certificate of posting under which this notice was sent, whereas Ex.PW-1/16 and PW- 1/17 are the postal receipts, whereby the notice was sent by registered post. Ex. PW-1/18 and PW-1/19 are the courier receipts, whereby this notice was sent. The returned envelopes are Exs. PW-1/20 to PW-1/23. According to PW- 1, the defendant neither handed over the possession to them nor has it paid arrears of rent w.e.f October, 2008 at the rate of Rs 1,17,300/- pm. He has also stated that the prevailing market rate of rent for the suit premises would not be less than Rs 3 lakhs per month on account of a sharp price in the rentals and property prices in last 2-3 years.