Back
IN THE HIGH COURT OF DELHI
Jyoti Singh, J.
Subhash Chand Jain - Appellant
Versus
Savita Devi - Respondent
RFA 322 of 2022 & C.M. Appls. 32177-79 of 2022
Decided On : 21-12-2022
| 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 rent shall be paid in advance on or before 15.01.2023.
3. At this stage, learned counsel for the Respondents submits that Respondents are old and ailing and the Appellants are causing immense physical and mental harassment to them and therefore, directions be issued that the Appellants shall not cause any kind of harm or harassment till they are in possession of the suit property, as undertaken in the Court.
4. I have heard the learned counsels for the parties.
5. In view of the undertaking and assurance given to the Court, as aforementioned, Appellants are permitted to continue in possession of the suit property till 20.03.2023, subject to the Appellants filing an affidavit of undertaking in the aforesaid terms, within a period of two working weeks from today.
6. It is directed that the Appellants shall not harass the Respondents in any manner, whatsoever, till they continue in possession of the suit property.
7. Appeal along with pending applications is disposed of in the aforesaid terms.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
