JUDGMENT

[Physical Hearing/Hybrid Hearing (as per request)]

Rajiv Shakdher, J. (Oral)

CM Appl.11748-49/2024

1. Allowed, subject to just exceptions.

RFA(COMM) 70/2024 & CM Appls.11746-47/2024

2. This appeal is directed against the judgment and decree dated 13.10.2023 passed by the District Judge, Commercial-03, South-East, Saket Court, Delhi.

3. Respondent no.1/plaintiff had filed the suit for recovery of security deposit paid to the appellant/defendant no.1 concerning tenanted premises described as Unit No.DPT008, DLF Prime Towers, D Block, Okhla Industrial Area, Phase-1, New Delhi [hereafter referred to as the "suit property"].

4. The record shows that the disputants executed two lease deeds. The first lease deed was executed on 28.09.2017 [in short, "first lease deed"]. This lease deed, even according to the appellant/defendant, was unregistered, although it had a tenure of five (05) years.

5. Concededly, the disputants also entered into a second lease deed immediately thereafter, i.e., on 10.10.2017 [in short, "second lease deed"]. The second lease deed was executed for 11 months, commencing from 01.10.2017.

6. It is not disputed by the appellant/defendant that respondent no.1/plaintiff h