J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. The Appeal has been filed by the Appellant herein, under Section 96 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’), 1908 r/w Order XLI CPC for setting aside the Judgment and Decree dated 04.04.2024 whereby the Suit of the Plaintiff/Respondent has been decreed for recovery of possession, by Ld. Principal District & Sessions Judge, Delhi.

2. C.S. No. 661/2023 titled as H.P. Suman vs. Sh. Rajat Verma, was filed by the Plaintiff/Respondent for recovery of possession, permanent injunction, recovery of arrears of rent, damages/ mesne profit and society maintenance charges.

3. The Plaintiff/Respondent stated that he was the absolute owner of a residential flat bearing No. 2-A on the ground floor, situated in Kohinoor Co-operative Group Housing Society Ltd., built on Plot No. 31, known as Bharat Apartment, I.P. Extension, Patparganj, Delhi - 110092, measuring about 91 sq. mt. (hereinafter referred to as the ‘Suit Property’). He with his family, currently resides at the address i.e. Flat No. 214-C Pocket 1, Mayur Vihar, Phase 1, Delhi-110091.

4. The Plaintiff claimed that on 01.01.2022, the Suit Property was let out to the Defendant/Appellant for residential purposes, vide a registered Lease Deed dated 13.12.2021, for a period of 24 months commencing from 01.01.2022 to 31.12.2023, at a monthly rent of Rs. 22,000/-. A security

amount of Rs. 20,500/- was also paid by the Defendant, to the Plaintiff.

5. Under the Lease terms, rent was payable monthly in advance on or before the 5th day of each calendar month, and time was stated to be the essence of the contract.

6. The Plaintiff alleged that the Defendant stopped paying rent from 01.06.2023 and the Suit premises were locked for 6-7 months, as he started residing at the address given in the Memo of parties, without communicating any reason. Despite repeated requests, the Defendant neither paid rent nor permitted inspection of the premises or hand over the possession.

7. The Plaintiff alleges that despite repeated requests, the Defendant failed to vacate the premises and also threatened the Plaintiff and his family on 26.11.2023, with dire consequences and to implicate the Plaintiff’s family in some false cases and also to create third-party interest in the property.

8. The Plaintiff issued Legal Notice dated 02.08.2023, terminating the tenancy and demanded arrears of rent. The Defendant then paid only one month’s rent and rent from 01.07.2023 onwards remained unpaid.

9. According to the Plaintiff, upon expiry of 30 days from service of the Legal Notice, the lease stood terminated and the Defendant became an unauthorized occupant. The Defendant is liable to vacate the property, and the Plaintiff is liable to get Rs.2000/- per day along with maintenance charges of Society, till restoration of possession of the Suit Property.

10. The Plaintiff, thus, sought possession of the Suit Property; Recovery of arrears of rent amounting to Rs.1,32,000/- for the period 01.07.2023 to 31.12.2023; Damages /mesne profits @Rs.2,000 per day from 01.01.2024

till delivery of possession; Recovery of Society Maintenance Charges with penalty; and Permanent injunction restraining creation of third-party interest or parting with possession of the Suit Property.

11. The Defendant/Appellant in his Written Statement, took the preliminary objection that the Suit did not disclose any cause of action and is liable to be dismissed at the threshold. Further, the Plaintiff has not only concealed most material and germane facts, to concoct a frivolous cause of action that does not exist; in fact, has perjured himself by making averments on oath that are false, even to the knowledge of the Plaintiff himself.

12. It was claimed that the tenancy stood determined after mutual verbal Agreement on 10th August 2023 wherein Plaintiff accepted Defendant's dispossession since June, 2022 due to matrimonial discord with wife Ms. Kirti Verma, who padlocked premises and held sole key to the