We have considered the rival contentions of the parties and we make it clear that we are not deciding this plea on merits. However, we have no doubt in our mind that the sub-lessee cannot claim that no amount is payable by it. It has not paid a single rupee to the Petitioner despite occupying the premises for more than 7 years. We cannot appreciate this conduct of the sub-lessee. In a multi-storeyed building of this nature there has to be provision for security guards, cleaning services, lift operators, parking attendants, etc. When the parties had agreed that Rs. 15/- per sq. ft. per month would be paid in the first year, we can presume that the sub-lessee must have satisfied itself that these are the approximate expenses to be incurred by the Petitioner for maintenance of the building.
10. It was also urged on behalf of the Respondent No. 1 that there were some periods during which the electricity was disconnected and, therefore, it should not be asked to pay any charges for the said period. We are not in agreement with the said submission. The Respondent No. 1 did not pay a single rupee either on account of lease rent, maintenance charges, electricity charges or other charges and in such event, the Petitioner had no option but to disconnect the electricity. We are, therefore, of the view that the High Court clearly misdirected itself in directing restoration of the electricity without ensuring payment of some amount to the Petitioner.
Special Leave Petition (Civil) No. 21341 of 2019
Decided On: 07.02.2020
Infinity Infotech Parks Limited Vs. Shiva Jute Mills Private Limited and Ors.
Hon'ble Judges/Coram:
Deepak Gupta and Aniruddha Bose, JJ.
Citation: (2020) 3 SCC 262
