Rohit Puri - Ashok Dhamija Legal Notice

ARUN K SHARMA
ADVOCATE
B-84, GULMOHAR PARK, NEW DELHI-110 049
Tel. No. 011-41740519
Mobile No. 09891685368
D-3210/99
SPEED POST
Dated: 29.04.2024
Mr. Rakesh Verma
Son of Late Jagdish Verma
C/o M/s. S.S Glass House
15, Mahila Colony
Gandhi Nagar , Delhi-110031
Also at: -
17 Mahila Colony
Gandhi Nagar
Delhi-110031
Also at: -
C- 177, Vivek Vihar

Delhi-110092
Sir,
Under instructions from and on behalf of my client namely Mr. Rohit Puri
Son of Late Rajinder Puri, 15, Mahila Colony, Gandhi Nagar, Delhi-
110031, I hereby serve you with the following notice: -
1. That my client is the owner/landlord of the property bearing no. 15, Mahila
Colony, Gandhi Nagar, Delhi comprising of three shops at the Ground
floor, First Floor and Second Floor with terrace (hereinafter referred to as
the “said property”). My client is running the business of retail of furniture
in the name and style of ‘Shiva Furniture’ from one of the shops in the said
property.
2. That you are closely related to my client being the cousin brother of my
client’s mother, Mrs. Sudesh Puri.
3. That being a close relative, initially, on your request, Mr. Uma Shanker
Puri, the paternal grandfather of my client had granted you permission to
run your business in the name of “M/s. S.S Glass House”, from a temporary
shed constructed in the property bearing no. 15, Mahila Colony, Gandhi
Nagar, Delhi.
4. That subsequently, in the year 1985-1986, the father of my client namely

Mr. Rajender Puri son of Mr. Uma Shanker Puri and his wife Mrs. Sudesh
Puri, got constructed three shops on the Ground Floor of the said property
and part construction of three rooms on the First Floor of the said property
for their residence.
5. That in the year 1986 you were permitted to use one of the three shops i.e.,
the left side shop measuring approximately 74 Sq. yards (hereinafter
referred to as the ‘said shop’) on the ground floor of the said property for
running your business therefrom on payment of user charges @ Rs. 400/-
per month to the grandfather/father of my client. However, you were a
regular defaulter in the payment of the use and occupation charges which
were paid by you intermittently to grandfather/father of my client.
6. That the grandfather of my client, Mr. Uma Shankar Puri died on

14.4.1995. Thereafter, the father of my client, Mr. Rajender Puri died on
8.6.2008 whereupon, a mutual agreement was arrived at between you and
Mrs. Sudesh Puri, the mother of my client whereby you were permitted you
to continue to use the said shop in the said property subject to your paying
user charges @ Rs. 5,000/- per month which charges were enhanced on
mutually agreed rates from time to time. Accordingly, you were liable to
pay the use and occupation charges in respect of the said shop in the said
property in your occupation to Mrs. Sudesh Puri, the mother of my
clientevery month, butyou were irregular in the payment of the use and
occupation charges. In this manner, the last agreed use and occupation
charges were Rs. 26,000/- per month, which you paid in cash to Mrs.
Sudesh Puri till February, 2021. Thereafter you abruptly stopped the
payment of the use and occupation charges.
7. That in the year 2016, Mrs. Kamlesh Puri and Ms. Geetanjali Puri, the
widow and daughter of Mr. Davender Pal Puri, brother of Mr. Rajender Pal
Puri, had filed a Civil Suit No. 1835 of 2016 titled “Kamlesh Puri & Anr.
V/s Sudesh Puri & Ors.” for Partition in respect of the property bearing no.
15, Mahila Colony, Gandhi Nagar, Delhi. The said suit was settled between
the parties and a decree was passed by the Hon’ble Court, whereby, my
client became the absolute and exclusive owner of the entire property
bearing no. 15, Mahila Colony, Gandhi Nagar, Delhi, Delhi comprising of
three shops at the ground floor, First and Second Floor with its terrace.
8. That thereafter, my client approached you on or around 20.7.2023with the

request to vacate the said shop on the ground floor of the said property so
that my client would be able to expand his own business of manufacture
and sale of furniture under the name and style of ‘Shiva Furniture’ which
his is running from one of the shops on the ground floor of the said
property. You had then assured my client that you would vacate the said
property within 6 (Six) months since you had in fact, shifted your business
to your big shop in your property no. 17, Mahila Colony, Gandhi Nagar,
Delhi and having use as storehouse . taking note of the close family realtion
d and have been using the said shop in the said property only as a
storehouse. Taking note of the close family relation and in good faith, my
client had agreed to permit you to use the said at the ground floor of the
said property for a period of 6 (Six) months, whereupon you would hand
over the vacant and peaceful possession of the said shop to my client.
9. That unfortunately, after the expiry of the period of 6 (Six) months, despite
repeated requests made by my client, you have reneged from your
assurance to vacate the said shop at the ground floor of the said property
belonging to my client.
10. That thereafter, despite repeated requests made by my client, you have not
handed over the vacant and peaceful possession the said shop at the ground
floor of the said property to my client. My client has made it clear to you
that he does not wish that you should continue to use and occupy the said
shop belonging to my client any longer but you are wrongfully,
unauthorisedly and illegally continuing in occupation thereof.
11. That accordingly, the following amount is due and payable by you towards
the user charges @ Rs. 26,000/- per month in respect of the said shop in the
said property: -
S. No. Month User Charges (in INR)

1. March, 2021 till February, 2022 3,12, 000/-
4. March, 2024 &April , 2024 52,000/-
TOTAL 9,88,000/-
12. That in the circumstances, my client does not wish that you continue to use
and operate your business from the said shop in the said property belonging
to my client and by this notice, my client hereby terminates your aforesaid
tenancy w.e.f. the mid-night between 30.5.2024 to 31.5.2024, and you are
called upon to hand over the peaceful and vacant possession of the said
premises occupied by the you to my client on or before 31.5.2024, failing
which, you shall be liable to pay damages for the use and occupation of the
said shop in the said property @ of Rs. 1,50,000/- per month, which is the
prevailing market rent which a similarly situated premises in the area would
fetch every month, together with legal notice fee of Rs. 75,000/-.
13. That I, therefore, call upon you to:
(a) Hand over vacant and peaceful possession of the said shop i.e., the
middle shop measuring approximately 74 Sq. yards on the ground
floor of the said property bearing no. 15, Mahila Colony, Gandhi
Nagar, New Delhi, on or before 31.5.2024 or upon the expiry of the
last day of the tenancy month as you treat your tenancy ends after
availing 15 days clear notice.
(b) Pay a sum of Rs. 9,88,000/- (Rupees Nine Lac Eighty-Eight

Thousand only) towards the outstanding user charges;
(c) Pay Legal Notice Fee of Rs. 75,000/- (Rupees Seventy-Five

Thousand only);
14. Please take notice that in the event you fail to hand over the vacant and
peaceful possession of the said shop in the said property belonging to my
client and continue to occupy the same after 31.5.2024, you shall further
become liable to pay damages at the market rate of rent which at present is
@ of Rs. 1,50,000/- (Rupees One Lac Fifty Thousand only) per month
which you will be liable to pay till the vacant and peaceful possession is
handed over by you to my client. This is also without prejudice to the rights
of my client to get the possession of the premises immediately.
15. Please take further notice that if you fail to comply with the above said
requisition, my client shall be constrained to initiate proceedings, both civil
and criminal in a competent court of law holding you liable for cost and
consequences therefrom, including payment of interest @ 18% P.A.
Needless to say that the same shall be entirely at your risk and costs.
A copy of this Notice has been retained in my office for further necessary
action.
Yours Sincerely,
(ARUN K SHARMA)

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ARUN K SHARMA

C- 177, Vivek Vihar

4. That subsequently, in the year 1985-1986, the father of my client namely

6. That the grandfather of my client, Mr. Uma Shankar Puri died on

8. That thereafter, my client approached you on or around 20.7.2023with the

S. No. Month User Charges (in INR)

(b) Pay a sum of Rs. 9,88,000/- (Rupees Nine Lac Eighty-Eight

(c) Pay Legal Notice Fee of Rs. 75,000/- (Rupees Seventy-Five

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