Amit Bhalla & Ors vs Bharat Rao on 16 October, 2015

RFA(OS) 96/2015

1. By a registered lease-deed dated January 21, 2013, flats bearing
No.1216 to 1220 situated on the 12th floor of a building known as Naurang
House, 21 Kasturba Gandhi Marg, New Delhi were let-out by the appellants
to the respondent with effect from January 15, 2013. An interest free
security deposit in sum of `27,60,000/- (Rupees Twenty Seven Lac Sixty
Thousand only) was received by the appellants from the respondent.
Though the lease was for a period five years, lock-in period was of one year
i.e. after one year the respondent could terminate the lease.
2. On January 15, 2014 the respondent gave notice that the lease would
be determined with effect from April 15, 2014 and prayed that security

RFA(OS) 96/2015 Page 1 of 7
deposit be refunded when possession would be handed over. The appellants
raised an issue of the property let-out as also fittings and fixtures provided.
As per the appellants the damage caused was beyond the normal wear and
tear. The appellants claimed a right to adjust such sum as would be required
to restore the tenanted premises as also the fixtures to their original
condition and required the respondent to join in the estimation of the amount
required. The respondent took the stand that except for the usual wear and
tear there was no damage to the tenanted premises and/or fixtures.
Stalemate ensued. The respondent proceeded to file a suit under Order 37 of
the Code of Civil Procedure and pleaded that the foundation of the suit was
the written lease agreement between the parties.

Source: Indian Kanoon

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