DELHI HIGH COURT
JYOTI SINGH
Subhash Chand Jain – Appellant
Versus
Savita Devi – Respondent
| Table of Content |
|---|
| 1. appellate review of trial court decree. (Para 1) |
| 2. appellants' undertaking regarding possession and rent. (Para 2 , 3) |
| 3. court's directive to protect respondents from harassment. (Para 4 , 5 , 6) |
| 4. disposal of appeal based on terms set. (Para 7) |
JUDGMENT
Jyoti Singh, J. (ORAL)
1. Present appeal has been filed against the impugned judgment and decree dated 04.12.2021, whereby two applications, one under Order 39 Rule 10 CPC and the other under Order XII Rule 6 CPC, filed by the Plaintiffs before the Trial Court, have been allowed and the Trial Court has decreed the suit in favour of the Plaintiffs and against the Defendants.
2. Learned counsel appearing on behalf of the Appellants, on instructions from Appellant No. 1, who is present in Court albeit through video conferencing, submits that Appellants shall hand over vacant and peaceful possession of the suit property to the Respondents on or before 20.03.2023. Appellants also undertake that all the arrears of rent, payable to the Respondents, commencing from May, 2019 till date shall be paid within a period of two months from today. Insofar as the rent for the period 21.12.2022 till 20.03.2023 is concerned, the
The court underscored that protection against harassment for vulnerable parties is paramount while allowing terms for possession and rent payment.
The court upheld the tenant's right to occupy the premises for a limited period, subject to compliance with specified conditions and obligations.
The court's decision emphasized the importance of examining the plaint on a mere demurer and the documents filed along with the plaint while considering an application under Order 7 Rule 11 CPC.
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.
Landlord can obtain possession of premises upon clear admissions about tenancy relations and formal lease termination, regardless of tenant's claims of extensions based on rent acceptance.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.