Ram Chameli Kohli v. M/S National Book Trust of Ind

PRADEEP NANDRAJOG, J.

J.R. MIDHA, J. November 04, 2008 dk

* IN THE HIGH COURT OF DELHI Judgment reserved on : October 15, 2008 % Judgment delivered on : November 04, 2008 + RFA 358/2004 SMT.RAM CHAMELI KOHLI (SINCE DECEASED) THRU' LRs ..... Appellants Through: Mr.Subhash Chand, Adv. VERSUS M/S. NATIONAL BOOK TRUST OF INDIA …Respondent Through: Mr.B.K.Satija, Adv. CORAM: Hon'ble Mr.Justice Pradeep Nandrajog Hon'ble Mr.Justice J.R. Midha 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. 1. Smt.Ram Chameli Kohli, the predecessor-in-interest of the appellants has been awarded mesne profits @Rs.35,000/- per month with effect from 17.5.2000 till the date respondent vacated the tenanted premises bearing Municipal No.A-4, Green Park (Main), New Delhi. 2. The tenancy commenced in the year 1978. The rent initially agreed was Rs.5,000/- per month subsequently enhanced to Rs.5,500/- per month. 3. On 27.1.2000, vide Ex.DW-3/4, the tenant i.e. the respondent offered to increase the rent to Rs.17,030/- per month with effect from 17.2.2000 which offer was not accepted by Smt.Ram Chameli Kohli who demanded rent to be increased to Rs.1,75,000/- per month. The tenant did not accept the same resulting in the tenancy being determined vide notice dated 30.3.2000 with effect from 16.5.2000. Suit for ejectment and mesne profits was filed thereafter. 4. The possession of the tenanted property was handed over during the pendency of the suit and hence the only issue decided vide impugned judgment and decree dated 26.3.2004 is the determination of mesne profits for the reason it stood established that there existed a landlord-tenant relationship, that the property was not protected by the Rent Control Legislation and that the tenancy stood determined. 5. Smt.Ram Chameli Kohli sought computation of mesne profits with reference to the lease agreements pertaining to property bearing Municipal No.S-18 Green Park (Main) which was let out vide lease deed Ex.PW-2/1 and property bearing Municipal No.A-9A, Green Park (Main) let out vide Ex.PW-5/B and Ex.PW-5/C. 6. National Book Trust of India, respondent/tenant, urged that the said lease deeds could not be relied upon for the reason rents of similar and comparable properties alone can be considered while determining what could be the fair market rent fetched for the property in dispute. It was urged that the tenanted premises were built in the year 1966 and were under the tenancy of the tenant since 1978 and no repairs whatsoever were carried out in the property resulting in the same being rendered near dilapidated; plaster having peeled off from the walls and cracks having developed in the RCC structures. As against that, property No.S-18, Green Park (Main) and A-9A Green Park (Main) were recently constructed properties with granite flooring, fancy fittings, central air- conditioning, lifts etc. 7. Learned Trial Judge has noted that the 2 buildings in respect whereof comparison was sought to be made were indeed recent constructions having granite flooring and having modern amenities. The building bearing No.A-9A Green Park (Main) was having central air-conditioning, power back-up and a lift. Learned Trial Judge also noted that the front fascia of the said building was of glass i.e. an ultra modern technology was used in constructing the building. With respect to the photographs of the suit property Ex.PW-1/1 to Ex.PW-1/4 negatives whereof were cumulatively proved as Ex.PW-1/5, the learned Trial Judge noted that the suit property required massive reconstruction and repairs, having developed cracks, seepage, peeling off of the plaster etc. 8. The learned Trial Judge has concluded the discussion after noting the afore-noted evidence in paras 13, 14 and 15 of the impugned decision which reads as under:- "13. In order to determine the mesne profits of the premises, the Court has to keep into mind the several factors:- i) The nature of us