Admissions in legal pleadings must be clear and unequivocal to grant a judgment under Order XII Rule 6 CPC; otherwise, issues must proceed to trial.

JUDGMENT

Gaurang Kanth, J. (Oral)--In RFA 345/2022, the Appellant is assailing the Judgment and Decree dated 25.05.2022 passed by the learned Additional District Judge-01, South East District, Saket Courts, New Delhi in CS No. 1417/2018 ("Impugned Judgment"), whereby the learned Trial Court was pleased to allow the application under Order XII Rule 6 CPC filed by the respondent herein thereby granting a decree of possession of the property bearing No. M-27, (First Floor), Chitranjan Park, New Delhi - 110019 ("Suit Property") in favour of the respondent.

2. In FAO 282/2022, the Appellant is assailing the Order dated 25.05.2022 passed by the leaned Additional District Judge-01, South East District, Saket Courts, New Delhi in CS No. 1417/2018 ("Impugned Order"), whereby the learned Trial Court was pleased to allow the application under Order XXXIX Rule 10 CPC filed by the respondent herein thereby directing the Appellant to pay arrears of rent @ Rs.26,000/- per month with effect from August 2018 till July 2022 and continue to pay the same every month till the disposal of the said Suit.

3. RFA 345/2022 was listed before this Court on 01.08.2022. While issuing notice to the Respondent, this Court had stayed the operation of the Impugned Judgment. On 11.11.2022, FAO 282/2022 challenging the Impugned Order was listed before the Coordinate Bench of this Court. However, at the request of learned counsel for the Appellant, the said Appeal was transferred to this Court for being listed along with RFA 345/2022, which is arising out of the same suit being CS No. 1417/2018. Hence today, both the said Appeals i.e., RFA 345/2022 and FAO 282/2022 are listed together and with the consent of learned counsel for both the parties, these appeals are being heard and disposed by this common Judgment.

FACTS RELEVANT FOR THE DISPOSAL OF THE PRESENT APPEALS ARE AS FOLLOWS:

4. That the Respondent (Original plaintiff) is the owner/landlord of the suit property, which was let out to the Appellant (Original defendant) vide Lease Agreement executed in May 2016 for a period of 11 (eleven) months commencing from 01.06.2016 and valid till 30.04.2017. The monthly lease rent of the Suit Property was fixed at Rs. 26,000/- exclusive of electricity and water consumption charges payable directly to BSES Rajdhani Power Ltd. and Delhi Jal Board respectively as per the bills raised by them. The lease rent was payable in advance on or before 5th day of each English Calendar month. As per the said Lease Agreement, the parties agreed to increase the rent by atleast 10% after expiry of the lease term of 11 months.

5. That it is the case of the Respondent that the Appellant was irregular in making the payment of lease rent during the period of original lease agreement. After expiry of the original lease term, the Appellant continued to occupy the Suit Property, however, the Appellant failed to enhance the rent by 10% and continued to pay lease rent @ Rs.26,000/- per month only. Accordingly, as on 31.07.2018, an amount of Rs.1,33,000/- became due and payable by the Appellant to the Respondent.

6. The Respondent got served a legal notice dated 31.07.2018 upon the Appellant calling upon him to clear all the arrears of rent and to vacate and handover vacant physical possession of the Suit Property to the Respondent within one month. It is the case of the Respondent that the Appellant instead of clearing the arrears of lease rent, replied to the aforesaid legal Notice vide reply dated 23.08.2018. In the said Reply, the Appellant offered to purchase the Suit Property.

7. That on failure of the Appellant to vacate the Suit Property, the Respondent, on 11.09.2018, filed a Suit for possession, recovery of arrears of rent and mesne profits/damages before the Saket Courts, New Delhi, against the Appellant, inter alia, praying as under:

"i) pass a decree for possession in favour of the plaintiff and against the defendant thereby directing it to vacate and handover the vacant