A tenant cannot challenge the title of the property once they acknowledge the ownership transfer; the relationship between landlord and tenant must be respected.

JUDGMENT

Rekha Palli, J. (Oral)

CM APPL. 45117/2022

1. This is an application preferred by the appellant seeking recall of order dated 25.08.2022 vide which the appeal was disposed of by a consent order by granting time to the appellant to vacate the suit premises, subject to payment of mesne profits as also filing an undertaking in terms of the said order.

2. The appellant has, admittedly, not complied with the said order and has instead moved the present application on the ground that since the respondent tried to get his electricity connection disconnected, which connection was restored only pursuant to orders passed in a writ petition preferred by the appellant, he was not able to use the suit premises and therefore, now seeks adjudication of the appeal on merits.

3. Learned counsel for appellant, therefore, prays that the order dated 25.08.2022 be recalled and the appeal be taken up for consideration on merits. Even though, learned counsel for respondent vehemently denies the averments made by the appellant, he has no objection to the appeal being taken up for consideration on merits. It may be noted that the respondent has also preferred an application being CM Appl. 43681/2022 seeking a direction to the appellant to immediately vacate the suit premises.

4. In the light of the aforesaid, even though this Court is unable to appreciate as to why the appellant did not file the undertaking and pay mesne profits in terms of the order dated 25.08.2022, since both parties seek adjudication of the appeal on merits, the application is allowed and the order dated 25.08.2022 is recalled. The appeal is, accordingly, with the consent of the parties, taken up for consideration today itself.

RFA 397/2022

5. The present regular first appeal under Section 96 of the Code of Civil Procedure (hereinafter referred to as 'CPC') seeks to assail the judgment and decree dated 08.04.2022 passed by learned Additional District Judge-03, Patiala House Courts in CS No.211/2018. Vide the impugned judgment, the learned Trial Court has decreed the suit of the respondent/plaintiff under Order XII Rule 6 by directing the appellant/defendant to hand over peaceful and vacant possession of the suit property being Office Flat No.105, 1st Floor, New Delhi, 27, Barakhamba Road, New Delhi-110001 (hereinafter referred to as `the suit property') to the respondent/plaintiff.

6. Before dealing with submissions of the learned counsel for the appellant, it would be appropriate to note the brief factual matrix. For the sake of convenience, the parties will be referred to as per their nomenclature before the learned Trial Court.

7. The suit property was initially let out by its erstwhile owners in favour of the defendant by way of a registered lease deed dated 30.03.2015 for a period of three years i.e., 01.05.2015 to 30.04.2018 at a monthly rent of Rs.1,60,000/-. A sum of Rs.4,80,000/-, which sum was equivalent to three months' rent, was deposited by the defendant as interest free security deposit with the erstwhile owners, which amount was repayable upon handing over the physical and vacant possession of the suit property by the defendant.

8. The plaintiff, vide a letter dated 01.11.2017, intimated the defendant that he had purchased the suit property from the erstwhile owners and the terms of the lease dated 30.03.2015 executed between the defendant and the erstwhile owners would now be applicable to him. Accordingly, the monthly rent which was payable to the erstwhile owners would be payable to the plaintiff w.e.f. 01.11.2017. A sim