Mere agreement to sell does not terminate landlord-tenant relationship unless specified in the agreement itself.

NajmiWaziri, J.

1. This petition impugns an order dated 10.9.2013 whereby the petitioner/plaintiff’s application under Order 12 Rule 6 read with Section 151 of Code of Civil Procedure was rejected. The petitioner had filed a suit seeking decree of possession in their favour against the respondent in respect of the premises in dispute. The application sought decree on the basis of admissions made by the respondent/defendant in his written statement. The petitioner/plaintiff is a landlord of property No.G-27/4, Rajouri Garden, New Delhi. Its ground floor comprising two bed rooms with attached bathroom, kitchen, drawing room and portion of the first floor comprising the drying room, one small room and one bathroom were le out to the defendant at the rate of Rs.25,000/- per month excluding water and all other charges. The tenancy was for a period of 22 months, and rent agreement was executed before the sub-Registrar on 2.4.2009. As per the terms of the agreement, the rent was to be enhanced by 10% after expiry of 11 months, therefore the last rent paid was Rs.27,500/- excluding all other charges. After the expiry of tenure of the lease, it was extended for a further period of seven months on the defendant/tenant’s assurance that he would, in any case, hand over the possession of the premises to the plaintiff by 31.1.2012. However, in the interim, the plaintiff issued notice to the tenant on 29.6.2011 followed by a reminder on 11.1.2012 asking them to vacate the premises. But there was no compliance of the plaintiff’s request therefore the suit was filed to seek possession as well as damages and mesne profits for the use and occupation. The defendant had admitted the enhanced rent of Rs.27.500/- from 1.7.2011 and that the tenancy period had been extended by another seven months by the plaintiff. But he also claimed in the written statement that the plaintiff had agreed to sell the rental premises to the defendant for a total consideration of Rs.2,10,00,000/- for which the defendant had paid bayana/advance payment of Rs.212,00,000/- i.e. 10% of the total sale consideration and that the plaintiff had duly executed receipt in this regard. The balance amount was to be paid by the defendant to the plaintiff on or before 31.8.2012 whereupon the plaintiff would execute the registered sale deed. Therefore, the plaintiff had no right, title or interest in the suit property; hence as a corollary the question of the premises being vacated by the defendant did not arise. In the replication, these arguments were denied. Even the signatures on the purported receipt of bayana were denied. The plaintiff had relied upon the decision of this Court in ArvindGupta vs. Naval Kishore in CM No.114/08 in which the opposite party had relied upon receipt of the earnest money and on an agreement to sell. But the Court held that unless and until the agreement had expired, the tenant would remain a tenant. In the present case, the Trial Court went on to reason and conclude that insofar as the plaintiff had raised the defence and also a document has come on record which was dated 31.1.2012 and the tenancy too was agreed to be extended upto that date, therefore it could not be said that the defendant was continued to be a tenant on that date. It reasoned that the controversy could be decided only when the parties had an opportunity to lead evidence and that it was not unqualified admission of liability and that the averments in the written statement did not fall in the category of an unqualified admission. The application was therefore dismissed. Interestingly, on the same date, the Trial Court on the petitioner’s application under Order 39 Rule 10 CPC had ordered the defendant to pay an amount of Rs.27,500/- per month, the last admitted rent, with effect from 1.2.2012 onwards. The plaintiff had sought damages/mesne profits with effect from 1.12.2012 at the rate of Rs.60,000/- per month. Interestingly, the Court reasoned that “in these circumstances, p