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.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

CM APPLs. 44125/2021 & 44126/2021 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

RSA 90/2021 & CM APPL. 44124/2021 (for stay)

3. The present is a second appeal challenging the impugned order dated 2nd December, 2021, by which the Appellate Court in RCA DJ 47/2020 titled Gurbinder Singh Dhillon v. Gagan Dass, has upheld the judgment and decree dated 20th September, 2019, passed by the Trial Court in CS SCJ 83556/16 titled Gagan Dass v. Gurbinder Singh Dhillon.

4. The suit for possession, recovery for arrears, rent and damages and permanent injunction, was filed by the Plaintiff/Respondent/Sh. Gagan Dass, S/o Late Jai Karan Dass (hereinafter "Plaintiff") in respect of property bearing No. P-81, South Extension, Part-II, New Delhi-55 which is admeasuring 200 sq. yards (hereinafter "suit property"). The case of the Plaintiff was that the said property was leased out to the Defendant vide lease deed dated 5th August, 2009 w.e.f. 1st August, 2009, for a mutually agreed monthly rent of Rs.6,000/-. The said tenancy was for a period of three years and had expired due to efflux of time. The tenancy was terminated by the Plaintiff vide notice dated 22nd December, 2014, and thereafter the suit has been filed claiming the outstanding rent since 2013, along with possession. The reliefs claimed in the suit are as under:

"a. pass a decree of possession in favour of the plaintiff and against the defendant in respect of the property i.e. P81, South Extension, Part-II, New Delhi admeasuring about 200 sq. yds. more particularly shown in the site plan attached herewith, and

b) pass a decree of sum of Rs.1,50,000/- in favour of the plaintiff and against the defendant, being arrears of rent w.e.f 31/12/2012 to till date and till handing over the peaceful vacant possession of the suit property and

c. pass a decree in favour of the plaintiff and against the defendant for a sum of Rs.15,000/- per month (which is the prevalent market rent of the suit property) as mesne profits and damages for illegal use and occupation of the property w.e.f. 31/12/2012 till the date of handing over of possession by the defendant upon which the plaintiff undertake to pay the court fees on the amount so awarded in favour of the plaintiffs and

d. pass a decree of permanent injunction in favour of the plaintiff and against the defendant, its agents, representatives, employees workmen or any other person acting for, through and/or on behalf of the defendant from parting of the possession of the suit property to any third person.

d. award pendent elite, and future interest 18% per annum on the amount due to the plaintiff till the realization of the aforesaid amount and

e. award cost of the suit in favour of the plaintiff and against the defendant; and

f. any other order or orders which this Hon'ble Court may deem fit and proper in the given fact and circumstances of the case may also be passed."

5. Issues were framed in the suit on 15th December, 2015, as below:

"Issue no.1 Whether the plaintiff is entitled to relief of possession of the premises as prayed for? OPP

Issue no.2 Whether the plaintiff is entitled to relief of recovery of Rs.1,50,000/- as arrears of rent as prayed for, if yes for which period? OPP

Issue no.3 Whether the plaintiff is entitled to mesne profits prayed for, if yes at what rate and for which period? OPP

Issue no.4 Whether the plaintiff is entitled to interest upon the arrears of rent and damages? OPP

Issue no.5 Whether the plaintiff