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PRATHIBA M. SINGH
Sh. Suraj Arora – Appellant
Versus
Taranjeet Chawla – Respondent
JUDGMENT
Prathiba M. Singh, J.(Oral). - This hearing has been done through hybrid mode.
2. The present second appeal arises out of the impugned order dated 2nd February, 2021 passed by Ld. ADJ, West District, Tis Hazari Court, New Delhi {hereinafter "Appellate Court") in RCA No. 161/2019 titled Suraj Arora v. Taranjeet Chawla. By the impugned order, the Appellate Court upheld the Judgment and decree dated 18th November, 2019 passed by ld. Civil Judge-01, (West), Tis Hazari Courts, Delhi {hereinafter "Trial Court") in CS SCJ No. 611070/2016/14 titled Smt. Taranjeet Chawla v. Suraj Arora. The Trial Court had decreed the suit for recovery of possession and for recovery of arrears of rent and mesne profits in favour of Smt. Taranjeet Chawla, the landlady/Respondent herein {hereinafter "Plaintiff").
3. The background of the case is that the tenant/Appellant herein (hereinafter "Defendant"), Mr. Suraj Arora, had taken the property bearing No. WZ-48, out of Khasra No.26, admeasuring 75 sq. yds. situated at Tatarpur Village, Main Najafgarh Road, New Delhi - 110027 (hereinafter "suit property ") on rent from the erstwhile landlords of the suit property in the year 1989. The original rent fixed
A tenant cannot challenge the ownership of the landlord while concurrently asserting adverse possession; such defenses are mutually exclusive under established legal principles.
Section 17(1) of Registration Act, 1908 states as documents of which registration is compulsory.
The court affirmed the validity of a lease agreement and outlined that the burden of proof for its alleged forgery lies with the disputing party, establishing principles of contract law related to da....
Judgment on admissions may be granted under Order XII Rule 6 when the Defendant accepts the tenancy and terms of rent, despite challenges to ownership.
The best evidence available to deny the possession of the tenant should be produced, and failure to question the admissibility of crucial documents may preclude raising factual issues in an appeal.
The court affirmed that silence in response to demands can imply acceptance of terms in a lease agreement, particularly when no evidence is presented to the contrary.
A tenant cannot claim ownership or protection against eviction based on an unregistered oral agreement. The jural relationship of landlord and tenant persists until surrender of possession, and the d....
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