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2022 Supreme(Del) 280

IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, J.
Rahul Wadhwani & Anr. - Appellants
Versus
Rajesh Anand - Respondent
RFA 204/2021, CM No. 12490/2021
Decided On : 12-01-2022

Headnote:

LANDLORD TENANT - SUIT FOR POSSESSION AND RECOVERY OF RENT - ISSUES - RATIO DECIDENDI - APPEAL - DISMISSED.

Fact of the Case:

The respondent/plaintiff had filed a suit before the Ld. Trial Court seeking possession and recovery of a sum of Rs. 24,07,500/- towards arrears of rent, mesne profits and permanent injunction along with interest.

Finding of the Court:

The appellants have not contested the sale deed dated September 9, 2015, whereby the suit property has been sold to the respondent. The sale deed incorporates clause 2 (reproduced above), which clearly states that the appellant No. 1 is a tenant and the oral tenancy has started from February 01, 2013 at the monthly rent of Rs. 1,50,000/- and Pushpa Kapoor has given the right to the Vendee (respondent herein) to recover rent for the last ten months from the said tenant / appellant(s).

Issues: 1. Whether the plaintiff is entitled to a decree of possession of suit property bearing no. 6 (private no. 6A), Central Market, Lajpat Nagar, New Delhi? 2. Whether plaintiff is entitled to a decree towards arrears of rent of Rs. 24,07,500/- from 01.11.2014 till 31.01.2016? 3. Whether the plaintiff is entitled to any interest, if so, at what rate and for which period? 4. Whether plaintiff is entitled to any damages/mesne profits/user charges if so, at what rate and for which period? 5. Whether there is no relationship of landlord and tenant between the parties? 6. Whether the defendant no. 1 has become the owner of the suit property by way of adverse possession? 7. Whether the suit has not been properly value for the purpose of jurisdiction as well as for the purpose of court fee? 8. Whether the suit is barred by limitation?

Ratio Decidendi: The appellants have admitted that they are the tenants in shop No. 6 (private No. 6 A). Hence, this plea is also rejected.

Final Decision: The appeal by the appellants is bereft of merit and is dismissed.

JUDGMENT

V. Kameswar Rao, J. - This appeal arises out of the judgment dated December 11,2020 passed by the Ld. ADJ-07 (SouthEast), Saket Courts, New Delhi in the suit numbered CS No. 8259/2016 ('impugned judgment', for short). The appellants have made the following prayers:

    "It is, therefore, most respectfully prayed that in the interest of justice this Hon'ble Court may graciously be pleased to:

    (a) set aside the impugned judgment & decree dated 11.12.2020 passed by Ms. Vandana Jain, Ld. ADJ-07, (SouthEast), Saket Courts, New Delhi in CS No. 8259/2016 titled as "Rajesh Anand Vs. Rahul Wadhwani & Anr. "; and

    (b) pass any other order(s) as this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case. "

    2. The respondent/ plaintiff had filed a suit before the Ld. Trial Court seeking possession and recovery of a sum of Rs. 24,07,500/- towards arrears of rent, mesne profits and permanent injunction along with interest. Before going into the merits of the controversy, I deem it appropriate to briefly reproduce the factual background pertaining to the instant matter as under:

      i) The respondent/plaintiff is the owner /landlord of Shop No. 6 (Private No. 6A), adjoining to Shop No. 5, Central Market, Lajpat Nagar, New Delhi consisting of a basement and ground floor ('suit property' for short). The respondent had bought the property from his predecessor-in-interest, i.e., Pushpa Kapoor, who became the owner of the suit property vide registered partition deed dated June 17,2015. This partition is stated to have been done between Pushpa Kapoor and Mangal Sen Kapoor, after which the shop at No. 6, Lajpat Nagar was divided into two equal shares and the suit property came into the share of Pushpa Kapoor and the remaining half of the shop at No. 6, Lajpat Nagar went to the share of Mangal Sen Kapoor.

      ii) Pushpa Kapoor sold her entire share in the suit property to the respondent vide sale deed dated September 7,2015 as registered on September 9, 2015. Respondent admits that he was informed by his predecessor-in-interest, i.e., Pushpa Kapoor about the suit property being occupied by the appellants/defendants as tenants sinceFebruary 1,2013 through an oral tenancy agreement with a monthly rent of Rs. 1,50,000/-. The appellants were carrying out a business of selling foot wear under the name 'Sukanya Foot Wear' from the suit property. The respondent had been informed by his predecessor-in-interest that the appellants had not paid rent for 10 months, i.e., from November 01,2014 till the date of execution of sale deed and as per clause 2 of the said sale deed, the respondent was given the right to recover arrears of rent from the appellants,

      iii. The predecessor-in-interest of the respondent had also sent a legal notice dated October 10, 2015, to the appellants informing them about the sale of the suit property to the respondent. This notice was served upon the appellants on October 13, 2015. The appellants refused to pay the amount due to the respondent after which the respondent terminated the tenancy of the appellants vide legal notice dated January 7,2016. After which the respondent filed the suit before the Ld. Trial Court.

      3. The respondent in the plaint had stated that he is the rightful owner of the suit property which has been purchased from his predecessor-in-interest, who in turn possessed a clear title over the suit property being party to the partition deed dated June 17,2015. Inthe replication, the chain of ownership regarding the suit property was clarified by the respondent. The stand of the respondent before the L d. Trial Court was as follows:

        i) The respondent stated that the absolute owner of the shop No. 6, Lajpat Nagar was Bansi Lai, who had acquired the property by virtue of a registered lease deed dated May 14,1962. After the demise of Bansi Lal his successors became the co-owners of the estate left by Bansi Lai including the suit property which was in the possession of Pushpa Kapoor, widow of the

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