Early Times Report
JAMMU, Dec 2: The principal district judge, Udhampur, has passed an ex party decree as regards the recovery of Rs 5,19,777 against rent and electricity tarrif from a car dealer.
He passed an ex parte decree for the recovery of rent arrears of Rs 4,80,000 from November 1, 2015 to June 6, 2016 and electricity tarrif arrears of Rs 39,777 along with interest, pendente lite and future till the realization of the decretal amount at the rate of 9 pc P.A. as well as the costs are also passed in favour of the plaintiff.
After hearing the plaintiff's counsels, the judge observed that M/s Lahori Nissan Pvt Ltd took on lease the ground floor of a building, known as Express Avenue, on Udhampur -Jammu highway having an area of 6400 sft on a monthly rental of Rs 60,000. The tenancy commenced from August 1, 2013 and under the terms and conditions of the lease deed, the defendant was under an obligation to pay the fixed rent by or before 15th of every month without any delay or default and the period of lease deed was 10 years renewable for further period on the sole option of the lessee on the same terms and conditions.
The court observed that the defendant was also under an obligation to increase the rent by 10 pc after a gap of every three years, ie with effect from August 1, 2016 and as such the defendant was liable to pay the enhanced rent at the rate of Rs 66,000 per month.
The court said pursuant to the execution of the lease deed, the defendant took over the physical possession of the leased premises and started paying the rent after deducting TDC and crediting into plaintiff's account in the Dhar Road, Udhampur, branch of SBI regularly till October 2015, but he stopped paying the rent from November 2015 till date as such the total arrears of rent had accumulated to Rs 4,80,000. The defendant has also not paid electric tariff which have also accumulated to Rs 39,777 up to June 12, 2016.
The court said that as there was no evidence in rebuttal, it was of the opinion that the plaintiff had succeeded in proving her case as required under law. Accordingly, an ex parte decree for the recovery of arrears of Rs 5,19,777 pendente lite and future till the realization of the decretal amount at the rate of 9 pc P.A. as well as the costs were passed in favour of the plaintiff and against the defendant.
A decree sheet be drawn up accordingly, the court directed. |
