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REKHA PALLI
Siddhanth Mendiratta – Appellant
Versus
Madhu Chawla – Respondent
JUDGMENT
Rekha Palli, (Oral) J. - The present regular first appeal under Section 96 of the Code of Civil Procedure (hereinafter, CPC) seeks to assail the judgment and decree dated 10.11.2021 passed by the learned ADJ in CS (DJ) No. 803 of 2019. Vide the impugned judgment, the learned Trial Court has decreed the suit of the respondents/plaintiffs for possession by allowing the respondents' application under Order XII Rule 6 CPC and has directed the appellant to handover the vacant possession of the suit property being Shop no. G-19, Vishwa Sadan, District Centre, Janakpuri, New Delhi (hereinafter referred to as 'the suit property')
2. The suit property was initially let out by the respondents in favour of the appellant by way of a rent agreement in April/May, 2014 and the tenancy period in respect of the suit property was extended from time to time. While it is the case of the respondents that after the expiry of the previous rent agreement, the parties entered into a rent agreement on 22.08.2018 for a period of 11 months w.e.f. 01.09.2018 to 31.07.2019 at a monthly rent of Rs. 29,000/-, it is the appellant's case that the monthly rent of the suit property was only Rs. 2,900/-. It was
The admission of tenancy and the legal notice served by the plaintiffs justified the decree for possession. Lack of evidence to support the appellant's plea regarding the monthly rent led to its reje....
Possession can be decreed under Order XII Rule 6 CPC when there is an admission of tenancy, despite disputes over rent or security. Lack of evidence supporting claims weakens the tenant's position.
Defendant failed to prove monthly rent of Rs.500 against claimed Rs.7,320, leading to dismissal of possession appeal and counter-claim for payment refunds.
Tenant's failure to provide evidence challenging lease agreement validity and rent obligations supports trial court's possession decree and rent orders.
A tenant's admission of rental status and non-payment establishes grounds for possession under CPC, irrespective of claims regarding security deposit.
If tenants fail to vacate said premises on expiry of tenancy period, tenants shall pay a sum of Rs.3,000/- per day towards penalty alongwith monthly rent to landladies.
A tenant cannot challenge the title of the property once they acknowledge the ownership transfer; the relationship between landlord and tenant must be respected.
a tenant cannot challenge the title of the owner/landlord, and there is an estoppel in this regard, in terms of Section 116 of the Indian Evidence Act, 1872.
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