JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. This is a second appeal filed by the appellant/ tenant against the order passed by the learned First Appellate Court in RCA DJ 55/2020 titled as "Mohd. Shahdab vs. Dinesh Dhawan" dated 28.09.2022, whereby the appeal under Section 96 of the Civil Procedure Code, 1908 was dismissed confirming the judgment and the decree dated 14.02.2020 passed by the learned Trial Court.

A. FACTS AS NOTED BY FIRST APPELLATE COURT

(i) The plaintiff (respondent herein) being the lawful owner of property bearing no.C-355, Chinnot Basti, Multani Dhanda, Nabi Karim, Paharganj, New Deli-110055 (hereinafter referred to as "suit property") rented out one room (shop no. 3) for carrying the work of kabadi at the ground floor (area measuring 8x10 sq.ft.) in the suit property to the defendant (appellant herein) at the monthly rent of Rs. 11,600/- per month exclusive of other charges in according with the Rent Agreement dated 27.07.2016 signed by the defendant for 11 months.

(ii) It is further averred that the defendant has taken over the physical possession of the tenanted premises from the landlord on 01.07.2016. Theref