$~100 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29^th April, 2025 + RFA(COMM) 238/2025 & CM APPLs. 25352/2025, 25353/2025 &

25354/2025 MEENAKSHI ARYA .....Appellant Through: Mr. Daleep Dhyani, Adv. with Appellant in person. (M: 9811070721)

versus SHALINI RAJPAL & ANR. .....Respondents Through: Mr. Ajay Gupta, Adv.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

CM APPL.25353-54/2025 (for exemption)

2. Allowed, subject to all just exceptions. Applications are disposed of.

RFA(COMM) 238/2025 & CM APPL.25352/2025 (for stay)

3. The present first appeal has been filed by the Appellant- Meenakshi Arya, inter alia, challenging the impugned judgment and decree dated 22^nd March, 2025 passed in CS (Comm) No. 523/2024 titled ‘Shalini Rajpal & Anr. vs. Meenakshi Arya’ by Ld. District Judge, Commercial Court-04, West District Tis Hazari Court, Delhi.

4. The appeal arises out of the rent agreement dated 30^thSeptember, 2019 entered into between the parties in respect of the property bearing LIG Flat No.164-A, Ground Floor, Housing Estate at Rajouri Garden, New Delhi RFA(COMM) 238/2025 Page 1 of 8 Signature Not Verified (hereinafter, ‘property’). The tenant – Ms. Meenakshi Arya i.e. Appellant is running a jewellery shop in the said property. In terms of the rent agreement, the monthly rent was fixed at Rs.85,000/- and, thereafter, the same was to be increased. Some of the relevant terms and conditions contained in the Rent Agreement are set out below:

“1. That the above said premises has been let out by the landlord to the tenant on the above said fixed and agreed monthly rent of Rs.85,000/- per month and the tenant shall not challenge the same at any time in any circumstances in any court of law, 2. That the tenant will use the said premises for commercial purpose only and in case any liability raise regarding the said purpose, he will be responsible for the same.

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4. That the tenancy has been commenced from 20.10.2019, for the period of seven years and the rent will be increased @ 5% after expiry of every year. The Tenant shall deduct the TDS if applicable shall also be charged. If TDS is deducted by the tenant, then he shall provide TDS certificate to the Landlord.

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13. That there is a lock-in-period- of two years w.e.f. 20.10.2019 for both the parties and the second party shall not vacate the premise before the period of two years. If second party will vacate the said premises before the expiry of lock-in-period i.e. Two years then the remaining rent will be paid by the tenant to the landlord.

14. That if the tenant wants to vacate the said premises after the expiry of lock-in-period, then he will give two month prior notice to the landlord.

15. That in case the Landlord wants to get the said premises vacated after the expiry of Lock-in-period, then he will give two month prior notice to the tenant.

Xxx RFA(COMM) 238/2025 Page 2 of 8 Signature Not Verified

18. That if the premises are not vacated after the expiry of the tenancy period, the tenant shall be treated as unauthorised occupant of the premises and he/she shall pay Rs.5,000/- (Rupees Five Thousand Only) per day as compensation/damage charge for the unauthorised occupancy to the owner/s of the premises apart from monthly rent.

5. The suit i.e. CS (Comm) No. 523/2024 was filed as a commercial suit before the District Judge (Commercial), Tis Hazari Courts. In the said suit, the written statement was also filed and an application under Order XIIIA of the Code of Civil Procedure, 1908 seeking summary judgment was also filed. In the said application, the Commercial Court has decreed the suit in the following terms:

“1. A decree of possession in respect of suit property i.e. LIG Flat No. 164-A, on Ground Floor, situated in the layout of plan of housing estate at Rajouri Garden, New Delhi.

2. A decree for payment of Rs. 5000/- per day, apart from monthly rent, as compensation/damages for illega