Issues in the case of recovery of Rent & Eviction suit cannot be framed at the stage of Appeal.

Issues in the case of recovery of Rent & Eviction suit cannot be framed at the stage of Appeal.

Harshit Sharma | Amity Law School, Madhya Pradesh | 16th December 2019

Espire Infolabs Pvt Ltd. v/s. Sadhana Foundation Civil Appeal No. 9265/2019

FACTS OF THE CASE:

  1. The present appeal lies in respect of the recovery of the rent which was due to the landlord-Respondent herein from the period of 01.11.2015 to 31.01.2017 which was in reference to the registered lease deed dated 01.03.2015 (hereinafter referred as ‘registered lease deed’), but the contention was raised relying on the unregistered lease deed dated 01.01.2013 (hereinafter referred as ‘unregistered lease deed’), on account of which the previous recovery suit for the duration of 01.01.2013 to 30.10.2015 was dismissed by all forums, including the Hon’ble Supreme Court of India.
  2. The tenant-Appellant in the present case raised the arguments pointing out Clause 1(c) of the lease deed which provided that, the Lessee/ tenant was to carry out all the construction & interior work in respect of the tenanted property and the approximate cost that would incur in such activity will be ₹9,00,00,000 (Rupees Nine Crores Only) could be adjusted against the rent due to the landlord.
  3. In respect of the expenditure made by the Tenant, an account of approx. ₹3,00,00,000 (Rupees Three Crores Only) was provided, which was to be adjusted against the total rent for the period of 15 months due to the landlord and rent fixed per the deed and which was provisionally fixed by the Rent Controller  was same to be ₹7,50,000 (Rupees Seven Lakhs Fifty Thousand only) which was calculated to be recovered of approx. ₹1,12,50,000 (Rupees One Crore Twelve Lakhs Fifty Thousand only).
  4. Thus, the amount of ₹1,12,50,000 were to be adjusted against the expenditure made by the Tenant and remaining amount was to be Paid by the Landlord, per the contention raised by the Appellants in the present case.
  5. But, the Landlord-Respondent categorically denied the validity of the registered lease deed, as the Trustee who entered the unregistered lease deed Mr. Ajay Sharma, was at the time of latter deed, removed and thus, was not governed by the registered deed but was to be governed by the unregistered lease deed, which didn’t carry the similar clause 1(c) as it was embodied in the registered one.

Therefore, the Landlord was entitled to recover the whole due amount without any adjustment and set-off. Thus, the present appeal.

ISSUES RAISED

  1. Whether the unregistered lease deed contents are admissible in evidence and the same is properly stamped or not will be of greater concern to quote its admissibility?
  2.  Whether the lease deed of 2013 or that of 2015 will govern the rights of the parties?
  3. Whether Shri Ajay Sharma was a trustee and entitled to execute the lease deed of 2015?
  4. Even if the lease deed of 2015 will govern the rights of the parties, what amount has been spent by the Appellant?

RULING OF THE COURT/ THE COURT HELD THAT:

  1. As all the material placed on record, for the purpose of ascertaining the amount spent by the Appellant, the same shall be of the subject matter of evidence and will be evaluated on the touch stone of leading the evidences and cannot be decided at this stage, which was not in the case of previous appeal for recovery of rent between the same parties and same subject matter.
  2. Following the aforementioned reason, the present appeal was dismissed while giving the following directions:
    1. The tenant shall be liable to pay rent @ ₹3,75,000 w.e.f. 01.11.2015 till the proceedings before the Rent Controller is finally disposed and thereby landlord is not required to file any separate eviction petition for subsequent periods.
    1. Tenant shall submit the rent @ ₹3,75,000 w.e.f. 01.11.2015 till 30.11.2019, after adjusting his payment made before 31.01.2020.
    1. Tenant shall furnish tangible security in sum of ₹3,00,00,000 (Rupees Three Crores Only), in case the Rent Controller decides against the Tenant Appellant.
    1. Rent Controller is directed to take up this matter on urgent basis and dispose off the same within 6 months from the date of this judgment.
560 315 Hshits1997
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Hshits1997

Harshit Sharma Advocate is a practising lawyer at the High Court of Madhya Pradesh, Bench at Gwalior. He started his litigation practice before the Hon’ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP/1228/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.

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Hshits1997

Harshit Sharma Advocate is a practising lawyer at the High Court of Madhya Pradesh, Bench at Gwalior. He started his litigation practice before the Hon’ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP/1228/2020.
Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate.
He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University.
To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.).
Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination.
Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh.
His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few.
Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc.
In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team.
He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.

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