2013 (2) TMI 256

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....s of an agreement dated 26th April, 2010 entered into between the parties, a copy of which agreement is enclosed with this petition as Annexure P-2, the Petitioner gave on rent to the Respondent the ground floor of the property at 422-425, Ghitorni Market, Opposite Metro Pillar No.132, MG Road, New Delhi-110 030 (hereafter 'rented premises') on a monthly rent of Rs.4,25,000/- subject to deduction of tax at source on applicable rate and payment of service tax, with effect from 1st May, 2010. It is asserted by the Petitioner, which assertion is disputed by the Respondent, that possession of the rented premises was handed over by the Petitioner to the Respondent on 1st May, 2010. It is further stated that the Respondent defaulted in payment of....

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....egal notice to the Respondent on 27th March, 2012 calling upon the Respondent to pay a sum of Rs.31,84,534/-. It sent separately another notice on the same date regarding unpaid electricity bills in the sum of Rs.60,580/-. With the Respondent continuing to not pay the sums and another notice was sent by the Petitioner on 2nd May 2012 which quantified the outstanding amount as on 31st May 2012 at Rs.42,90,904/-. 5. It is stated that apart from not making payment of arrears the Respondent also did not hand over vacant possession of the rented premises to the Petitioner on 31st May, 2012. A reply dated 9th July, 2012 was received to the Petitioner's legal notice in which the Respondent claimed that possession of the rented premises was hand....

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.... to the fact that although the lease was for a period of three years the agreement was not registered. Mr. Kathpalia responded by stating that the tenancy was not denied and even otherwise it could be proved irrespective of the agreement. In response to query whether there is any document to show that in fact possession of the vacant premises was handed over on 1st May, 2010 and not December, 2010 as contended by the Respondent in its reply dated 9th July, 2012 to the Petitioner's legal notice dated 14th May, 2012, Mr. Kathpalia submitted that correspondence exchanged between the parties and the payments made by the Respondent of service tax in December 2011 itself acknowledged that rent became payable from May 2010. His submission was that....