In the Court of SH.

BHUPINDER SINGH, Senior Civil-cum-

Rent Controller of New Delhi District,
Court No. 10, Ground Floor, Main Building, Patiala House Courts,
New Delhi. No. 2
SUMMONS FOR SETTLEMENT OF ISSUES
(OV,rr1,5)

cs scr-649/19
NDOH-18.O7.19
SIR SOBHA SINGH & SONS
YERSUS
SAVITRI SHASTRI
.i

l0
SAVITRI SHASTRI, R/O FLAT NO. E-58,
SUJAN SINGH PARK, NEW DELHI.11OOO3.
Whereas plaintiff, has instituted a suit against you for suit for POSSESSION
AND RECOVERY OF PENDENTE LITE AND FUTURE DAMAGES ALONGWI_TH
INTEREST you are hereby summoned to file a written statement within 30 days
of the service of the present summons and to appear in this court in person, or by a
pieader duiy instructed, and aole to answer aii materiai questions reiating io
suit, or who shall be accompanied by some person able to answer all such
questions, on the 18.07,2019, At 10. A.M to answer the claim; and further you
are hereby directed to produce on the said day all documents in your possession or
power upon which you base your defense or claim for set-off or counter-claim, and
luhere you rely on any other document whether in your possession or power or not,
as evidence in support of your defense or claim for set-off or counter-claim you
shall enter such documents in a list to be annexed to the written statement.

Given under my hand and seal of the Court, this 21.05.2019.

r\ j
\\
-\\/ \ \_/
(SCJ-cum-RC/ND)
 yA-

BEFORE THE LD. SENTOR CIVIL JUDGE, DISTRICT NEW

DELHI, PATIALA HOUSE COURTS, NEW DELHI
surr No. oF 2019
IN THE MATTER OF:-

srR soBHA srNGH & SONS (P) LTD. ...PLAINTIFF

VERSUS

MRS. SAVITRI SHASTRI ..-DEFENDANT

MEMO OF PARTIES

srR soBHA srNGH & SONS (P). LTD.

A COMPANY REGISTERED AND INCORPORATED UNDER
THE COMPANIES ACT
HAVING REGISTERED OFFICE AT
1-A, JANPATH, NEW DELI{I- I1OO11
THROUGH IT'SAUTHORIZED REPRESENTATIVE
/ DIRECTOR / PRINCIPAL OFFICER
SHRI PREMINDER SINGH .PLAINTIFF

VERSUS

MRS. SAVITRI SHASTRI,

R/O FLAT NO. E-58,
SUJAN SINGH PARK,
NBW DELHI - 11OOO3

THROUGH
DELHI:
ADVOCATE
DATED: 6tt'1of zdl1 G-lO, LGF., NIZAMUDDTN S/EST,
NEW DELHI - 11OO13.
 \

BEFORE THE LD. SENIOR CIVIL JUDGE, DISTRICT NEW

DELHI, PATIALA HOUSE COURTS, NEW DELHI
SUIT NO. OF'2019

IN THE MATTER OF:.

srR soBHA srNGH & SONS (P). LTD.

A COMPANY REGISTERED AND INCORPORATED UNDEIi
THE COMPANIES ACT
HAVING REGISTERED OFFICE AT
1-A, JANPATH, NEW DBLHI- 110011
THROUGI{ IT'SAUTHORIZED REPRESENTATIVE
/ DIRECTOR / PRINCIPAL OFFICER
ST{RI PREMINDER SINGH ...PLAINTIFF

VERSUS

MRS. SAVITRI SHASTRI,

R/O FLAT NO E-58,
SUJAN SINGH PARK,
NEWDELHI-11OOO3 ..DEFENDANT

SIIIT FOR POSSESSION AND RECOVERY OF PENDENTE

AND FUTURE DAMAGES ALONGWITH INTEREST

MOST RESPECTFULLY SHOWETH:-

1. That the Plaintiff is a Private Limited Company, registered and

incorporated under the Indian Companies Act, having its
registered Office, as mentioned in the cause title of the plaint,

being 1-A, Janpath (earlier knou,n as Queensway), Ncrv Delhi-

110 011.

2. That the present suit has been signed, filed, verified and
instituted by Sh. Preminder Singh, u,ho is authorized by the
Resolution passed by the Board of Direcrors of thc Plaintiff
Company dated 22.11.2A14, which is still in operation and has
not been revoked till date. Even otherwise, the said Sh.
Preminder Singh is one of the Director / Principal Officer of the
Plaintilf Company and thus can sign, file, verify and institute
the present suit.

3. That the Plaintiff is ow,ner / landlord of buildings / premises

conslructed at Sujan Singh Park, Nerv Delhi - 110003, r,l,hich
are constructed on lease hold plot, at present the leasehold
rights being held by the Plaintiff Company under the Land &
 o
Development Office, under the Mlnistry o[ Urban, Government
Lease
of India (L&DO), in terms of the registered Perpetual
Ltd',
datcd 19.05.1969, in favour of Sir Sobha Singh & Sons
ri.'hichis none other but the Plaintiff Company.

.t. That the present is being fiied in respect to Flat No'E-58,

all
Serv'antQuarter No. D-42, First Floor and Garage D-43,
to
situated at Sujan Singh Park, Nern'Dclhi, (collectively referred as
*the
suit property"), presently at rent/use and occupation
charges (g) Rs.6,0931- (Rupees Six Thousand Ninerv- Three Only)
per month, inclusive of a1i charges being basic rent,
properg/house tax, \\,ater charges and service charges, pavable
b1'theDcfendant on per month basis.

The rent / use & occupation charges at the said rate (inclusive
of all charges) is applicable upon the Defendant from
01.01.2019 in terms of notice dated 12.i l'2018,duly served
upon Dcfendant, urhereby the said use and occupation charges,
i,nclusive of all charges, were increased by 1O7o over the
previously appiicable rate of Rs.5,298/- (Rupces Five Thousand
Tu,'oHundred Ninety Eight Only) per month. Prior to same, the
renL I use & occupation charges applicable to Defendant were
@Rs.4816/- (Rupees Four Thousand Eight Hundred Sixteen
Oniy) per month, inclusive of aii charges, which rvere increased
by 10% u,.e.f. 01.0I.2016, in terms of notice dated 23-11.2015,
after urhich the rent / use & occupation charges became
effective @Rs.5298/- (Rupees Five Thousand Two
Hundred Ninety Eight Only) per month, inclusive of all charges.

6. That the Plaintiff is orvner / landlord in respect suit property,

where there is singie tenancy of the Defendant in respect to the
said Flat, Servant Quarter and Garage. The suit property is
more specifically shown in Red colour in the separate site plans
attached u'iththe present suit, in respect to such Flat, Serrrant
Quartcr and Garage. Originally the tcnancy in respect to suit
property was created in favour of husband of Defendant namely
Shri S. Gopal Shashtri in June, 1963 and after his death, the
Delcndant was taken as a tenant by the Plaintiff in respect to
the suit proper[r herein, in / around April, 2010.
 ,
,.)

rent in
7. That it is submitted hcrein that prior to 01'01'20L9'
used to be paid
respect to the suit property uras applicable and by
Five Thousand Two
thc Dcfendant (4 Rs'52981- (Rupees
inclusive of all
lfundred and Nincty Eight Oniy) per month'
to pay the basic
charges u'.e.f.01.01.2016. The Defendant used rent
in discharge of
and also ail other charges, by \\'ayof cheque her
charges in
obligations towards rent / usc & occupation respect of
to be sent
the suit property'Barlier, rent Bill(s) used
house rent'\''ater
wherein ctrarges under different heads -
u'erementioned
charges, service charges, property tax etc'
hovt'everlater'
separatel5;, though enLire amount being "rent"'
being rent'
the rent bill(s) used to mention only one amount'
inciusive of all charges'

8.,Ihatitispcrtinenttomentio4hereinthatoliginallythetenancy
rvhere rent
was covered under Delhi Rent control Act, 1958,
per month'
inclusivc of all charges was belorv Rs'3500/-
occupation
Hornrever, u,.e.f. February, 2Ol2 the rent. / use &
Rs'3571/-per
charges inclusive of all other chargcs became
from
month whcn monthlY sen'icecharges u'ereincreased
Laler'
Rs.73/- to Rs.1400/- on mutual consent and agreemcnt'
renlfuse&occupationchargesinclusiveofailothercharges
u,asenhancedbyl0%videnoticedated22'll'2}12'The
dated
tenancy of Defendant stand terminated vide notice
rent use
29.06.2Olo and thereafter, whatever amount to\,i,ards /
& the same
occupation charges have been enhanced / received, are
\^'ere
rvithout prejudice of the said notice. A11 the noLices / are duiy
has also
sen'cdupon the Dcfendant. The Defendant
signed on some rent counterfoils, whcre use & occupation
beyond
charges, inclusive of all charges, are admittedly
Rs.3500/- Per month.

9. That it is submitted herein that evcn though the contractual

vide notice
tenancy of the Defendant already stood terminated
dated 29.06.2010, hon'everthe same rvas also terminated as a
matter of abundant precaution vide notice dated 03.01'2O19
duly served upon the Defendant and rvhatever rent used to bc
received by the Plaintiff from the Defendant, the same u'erein
Evcn
lieu of charges for use and occupation of the suit property.
 Ll
*
the notice of
otheruise, if the Defcnclant disputes the service of
as a notice of
termination, the prcsent suit may be taken
termination of tenancY.
the suit
10. That. the Lenancy of the Defendant in respect Lo
single'on
property, as mentioncd hercin above, is composite /
month_to-monthbasis.g,herethemonthlyrent/use&'
Defendant used
occupation charges is ot'erRs. 3,500/- and the
rent use &
to clischarge her liability toq'ardsthe monthly /
Flat'
occupation charges, inclusive of all charges, of such Servant
property
Quarter f Garagc, b1r rvaS'ofone cheque'The i
other
house tax, \,\'atercharges, serwice charges etc',being
bc paid by
charges are part of rent and the same used to be to
theDefendanttothePlaintiffforuseandoccupationofthesuit
lieu of
property on monthly basis and u,here other services in
be
such charges are agreed upon betu'eenthe parties to
provided by and at the cost Plaintiff.
water
1 l. That it is submitted herein that apart from providing
toilet
lacility etc. for the suit property and also at common I
also
bathroom in respect to the Servant Quarter, the Plaintiff
passages,
provides su,'eepingand cleaning of common areas,
staircase, sewage cleaning, security, maintenancc of common
service
parks etc. at its costs, for which proportionate \^,ater and
u'ith
charges are levied to the Defendant and other tenants,
also
their consent and agreement and thus the said amount is part
of thc rent. The said amenities are being enjoyed by the
Delendant at thc cost of the Plaintiff, which is paid as water and
house
service charges by the Defendant, alongwith the basic
service
rent and as such, such charges tou'ardswater and
charges are part of rent.

12. That since the Defendant by u'ayof its consent and agreement is
also paf ing an amount towards the house tax in respect to the
suit propertl',the same is also part of rent. A11 such othcr
charges are hxed and are parl of rent. It is further submitted
here that house tax, rvater charges and service charges levied
and agreed to be paid by the Defendant to the landlord I
Plaintiff, rvere provided by the Plaintiff / Iandlord at its orvn cost
and are part of thc rent, rvhich were increased from tirne-to-
 q
time without any dispute, by mutuai agrcement / consent
bctu'ecnthe parties.

-the
13. That the tenancy ol the Defendant in respect to suit
property, as mentioned herein above, is composite / single, on
month-to-month basis, having alrcady termir-rated, rvhere even
the monthly rent / use & occupation charges is ovcr Rs.
3,500/-. The Defendant does not have any subsisting lease
agreementin her lavour in respcct to the suit property. Since
the Defendant is occupying the suit property in an illegal
manner and as such, the Defendant is liable to pay damages for
."r,hich
such illegal use and occupation, the Plaintiff is claiming
in the present suit, only from the date of liling the present suit
@ Rs.i,5O,O0O/- (Rupees One Lac Fifty Thousands Only) pcr
month, u,hich is tl-re current prevailing rate of rent for the
properties, situated similarly to that of the suit property.

14. That since the Defendant is in i1lega1 and unauthorized

occupation of the suit property, the Plaintiff has no other option
but to Iile the present suit. It is further submitted that all the
amounts received by the Plaintiff after termination of tenancy of
the Defendant, as submitted above, are considered as torvards
use & occupation charges only. It is submitted that the suit
prope rty is residential in nature and the tenarrcy is also
residential in nature. Despite the same, Flat No. E-58 and
Garage D-43 was found being misused for commercial purposes
and even unauthorized construction was found therein and
same rvas recorded by Land & Development Officer (L&DO) in
its breach notice dated 29.O5.2Oi8 and notice dated 30.06.201g
and 05.07,20i8 in this regard lvere sent to Defendant. However,
the said breaches have even not been rectified.

15. That the cause of action for hling the present suit arose si,cc
the Dcfendant is stiii in illegal and unauthorized occupation of
the suit property, despite termination of her tenancy, lastly (as a
matter of abundant precaution) vidc notice dated 03.01.2019.
The
cause of action survives and continues since the Defendant
is
in illegal and unauthorized occupation of the suit property.
C. Au,ard interest @)lB% per annum on thc amount, so au,arded in
favour of the Plaintiff and against the Defendant from the date
of filing the present suit, ti1I their realization; and

d. Au,ard costs of the suit in favour of the Plaintiff ar:d against the
Defendant; and

e. Pass any other orders, r,r,hich the Hon'bleCourt deems fit in the I
facts and circumstances of thc present case in favour of thef \)

Plaintiff and against the Defendant. / il

,il,(
KArl--';
$lemir"n 'ri..-
THROUGH
\,L-
DELHI: iilsrucx,
."Lt-|1 ADVOCATE
DATED: 0r{.0S G-lO, LcF, NIZAMUDDIN WEST,
NEW DELHI - 11OO13.

VERIFICATION:-

Verified and signcd at Ncw Delhi on this the 0(foay ol May, 2019
the factual contents of Paras No.l to 14 of plaint arc true and
correct to my own knou'ledge,bascd on records and even
othcnl,ise, rvhereas the contents of Paras No. l5 to 17 of the plaint
are true and correct on the basis of legal information and advice
received
and believed to be true. Last para is prayer to this Hon'ble
Court.

THROUGII AUTHORIZED