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DELHI HIGH COURT
REKHA PALLI
Praveen Kumar – Appellant
Versus
Gurnail Singh Gill – Respondent
| Table of Content |
|---|
| 1. ownership and lease background (Para 1 , 2) |
| 2. issues framed for trial (Para 3) |
| 3. appellant's claims of forgery and rent disputes (Para 4 , 5 , 6) |
| 4. defense against appellant's claims (Para 7 , 8) |
| 5. court's assessment and evidential findings (Para 9 , 10 , 11 , 12) |
| 6. court's final decision and dismissal of the appeal (Para 13 , 14) |
JUDGMENT
Rekha Palli, J. (Oral)--The present appeal under section 96 of the Civil Procedure Code has been preferred by the defendant no.1 in suit no. 8812/2016 (new) assailing the judgment dated 17.01.2022 passed by the learned ADJ-06, Tis Hazari Court, Delhi. Under the impugned judgment, the learned Trial Court has decreed the suit filed by the respondent no.1/plaintiff for possession of the property bearing House no.330, Vikaspuri, New Delhi, along with arrears of rent of Rs.2,24,000/- payable with interest @ 12% per annum and has also directed the appellant to pay mesne profits @ Rs.20,000/- per month w.e.f. 01.09.2013.
2. The brief facts emerging from the record are that the respondent no.1/Plaintiff inherited the suit property through a will dated 23.05.1979 from his father Mr. Sohan Singh Gill. In the year 2010, the respondent n
Tenant's failure to provide evidence challenging lease agreement validity and rent obligations supports trial court's possession decree and rent orders.
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.
A tenant's admission of rental status and non-payment establishes grounds for possession under CPC, irrespective of claims regarding security deposit.
The main legal point established in the judgment is the determination of mesne profits for unauthorized use and occupation of premises by a tenant, and the court's authority to decree recovery of suc....
A tenant cannot challenge the title of the property once they acknowledge the ownership transfer; the relationship between landlord and tenant must be respected.
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