$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08^th December, 2022 + RFA 631/2022 RIMI KHANUJA ..... Appellant Through: Mr. A.K. Mishra, Advocate.

versus S.P. MEHRA & ORS. ..... Respondents Through: Mr. Ashwani Kumar and Mr. Sheetesh Khanna, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

JYOTI SINGH, J. (ORAL)

CAVEAT 438/2022

1. Since learned counsel for the Caveator has entered appearance, caveat stands discharged.

C.M. APPL. 53169/2022 (Exemption)

2. Allowed, subject to all just exceptions.

3. Application stands disposed of.

RFA 631/2022 & C.M. APPL. 53168/2022 (Stay)

4. Present Regular First Appeal is preferred by the Appellant assailing the partial decree dated 14.10.2022, passed by the Trial Court in Civil Suit being CS DJ 170/2021, whereby the suit has been decreed in favour of the Plaintiffs before the Trial Court with respect to possession, on an application filed by the Plaintiffs under Order 12 Rule 6 CPC. Appellant herein was the Defendant before the Trial Signature Not Verified Court and Respondents were the Plaintiffs and are being referred to by their litigating status before this Court for the sake of convenience.

5. Facts of the present case are in a narrow compass and as encapsulated in the plaint are as under:

a. Respondent No. 1 filed a suit for termination, possession, eviction, arrears of rent, etc. before the Trial Court claiming to be the absolute owner of entire Third Floor with complete terrace rights of the suit property bearing no. D-20, Greater Kailash Enclave-I, New Delhi.

b. The suit was premised on a landlord-tenant relationship between the parties. The case of Respondent No. 1 was that Appellant had approached him in the year 2018 for taking on lease the suit premises for residential purposes on the terms and conditions of payment of rent @ Rs. 49,500/- per month with maintenance charges and hire charges for Fittings and Fixtures as per the Registered Lease Deed drawn up between the parties. c. Lease Deed was executed on 20.06.2018 and the suit premises was leased to the Appellant. It was agreed under Article 1.1 of the Lease Deed that the period of the Lease Deed shall be three years commencing from 15.06.2018 and ending on 14.06.2021, extendable by one year, if mutually agreed between the parties. Under Article 2.1 a monthly rent of Rs. 49,500/- was fixed, payable on or before 15^th day of every month. Interest @ 18% per annum was payable for delay in paying the rent under the Lease Deed. A sum of Rs. 1,48,500/- was to be paid by the Appellant to Respondent No. 1 as interest free security deposit, refundable on the Appellant handing over peaceful and vacant possession of the suit premises.

Signature Not Verified d. Appellant complied with the agreed payments under the Agreement till 16.08.2019 albeit certain cheques even for this period were dishonored by the bank on account of ‘insufficient funds.’ Respondents, therefore, served upon the Appellant legal notice dated 20.12.2019, seeking payment of outstanding rental dues, however, Appellant neither paid the outstanding rent nor replied to the notice. This was followed by a reminder notice dated 23.06.2020, seeking the payment of the dues and/or handing over the possession of the suit premises. Vide notice dated 23.06.2020, Respondent No. 1 also terminated the Lease Deed with effect from 16.09.2019 as the conduct of the Appellant was contrary to the terms of the Lease Deed.

e. For the first time a reply was sent by the Appellant on 11.11.2020 raising false contentions, which were duly rebutted by the Respondents. When the Appellant failed to give the peaceful possession of the suit premises, Respondents filed the suit, from which the present appeal arises.

6. Upon service of summons, learned counsel for the Appellant appeared before the Trial Court and sought time to file the memo of appearance, but failed to do so. An application was filed under Order VIII Rule 1 CPC by the Respondents to strike out the defence of the Appellant.