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DELHI HIGH COURT
C.HARI SHANKAR
Vijay Kumar Jain – Appellant
Versus
Suresh Kumar Jain – Respondent
| Table of Content |
|---|
| 1. challenges to the maintainability of the suit (Para 1 , 2 , 3) |
| 2. counterarguments regarding tenancy agreement validity (Para 4 , 6 , 14 , 15) |
| 3. criteria for decrees on admissions under order xii rule 6 (Para 7 , 8 , 10 , 12 , 13 , 17 , 18 , 20) |
| 4. decisions establishing decree standards (Para 9 , 11) |
| 5. dismissal of the petition (Para 23 , 24) |
1. This petition, under Article 227 of the Constitution of India, challenges an order dated 29th October 2021, passed by the learned Civil Judge in CS 2020/2018, (Vijay Kumar Jain v. Suresh Kumar Jain), whereby an application, by the petitioner as the plaintiff in the suit, under Order XII Rule 6 of the CPC, has been dismissed.
2. According to the case set up by the petitioner in the plaint, the property at 4754, Ahata Kidara, Pahari Dhiraj, Delhi 110006 ("the tenanted premises") owned by the petitioner, was let out to the respondent, under a tenancy agreement dated 31st August 2017 for a period of 11 months w.e.f. 1st September 2017 at a rent of Rs.7,500/- per month excluding electricity and water charges.
3. Alleging that the respondent had defaulted in payment of rent to the petitioner since October 20
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