* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 12^th January, 2026 Pronounced on: 6th April, 2026 + RSA 7/2026, CM APPL. 1461/2026 SALIM S/o. Sh. Abbul Hasan, Currently residing at:

Khasra No. 136/9/2, Bhaya Lane, Lal Dora Village, Near Shyam Properties, Sant Nagar, Burari, Delhi-110084 Mob. No.: +91-9643437955 .....Appellant Through: Mr. Manish Sharma, Mr. Abhishek Verma, Mr.Vikas Sharma, Mr.Chetan Anand Yadav, Advs.

versus SANJAY GARG S/o. Sh. Prem Chander R/o. B-6/53, Sector-11, Rohini, Delhi-110085 Mob. No.: +91-9811250341 .....Respondent Through: None.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. This Regular Second Appeal has been preferred under Section 100 of the Code of Civil Procedure, 1908 (CPC), assailing the Order dated 17.10.2025, passed by the Ld. District Judge-11, Delhi, First Appellate Court, whereby the Appeal filed by the Appellant/Defendant herein was dismissed on the ground of limitation, and the decree dated 18.03.2025 passed by the Ld. Civil Judge-06, Delhi, in favour of the Plaintiff/ Respondent for possession, recovery of arrears of rent, and mesne profits was upheld.

2. The Plaintiff/Respondent filed a CS SCJ No. 99731/2016 for Possession of the suit property, arrears of Rent (claimed at Rs. 66,000/-), along with pendente lite and future interest, mesne profits and costs before the Ld. Civil Judge (Central), Delhi.

3. The brief facts, as narrated in the Plaint are that the Appellant/ Defendant, namely Salim, was inducted as a tenant in the property bearing Khasra No. 136/9/2, Bhaya Lane, Lal Dora Village, Near Shyam Properties, Sant Nagar, Burari, Delhi-110084, (hereinafter referred to as “Suit Property”), by the Respondent/Plaintiff, namely, Sanjay Garg, at a monthly rent of Rs. 5,500/- excluding electricity and water charges.

4. The Defendant/Appellant, defaulted in payment of rent with effect from 01.08.2014. Despite service of demand Notices, the Defendant failed to clear the outstanding dues. The tenancy was thereafter, terminated w.e.f. 31.07.2015, by Legal Notice dated 22.06.2015; however, the Defendant neither vacated the suit premises nor paid the arrears of rent.

5. It is further stated the Defendant had earlier entered into an Agreement to Sell with the Plaintiff, but he failed to pay the balance amount within the agreed period i.e. on or before 15.05.2015, as alleged in the plaint.

6. The Plaintiff/Respondent thus, instituted the Suit for Possession, arrears of rent and mesne profits.

7. The Appellant/Defendant, in his Written Statement, while not disputing the initial tenancy, set up a defence that he had entered into an Agreement to Sell dated 07.08.2014, to purchase the suit property from the Plaintiff, for the total sale consideration of Rs. 12,00,000/-, out of which the Appellant/Defendant had paid Rs. 5,00,000 towards advance/earnest money. The sale deed and other relevant documents, were to be executed by the Plaintiff/Respondent upon receipt of the balance sale consideration of Rs.

7,00,000/-.

8. The Appellant contended that pursuant to the Agreement to Sell, he further paid a sum of Rs. 6,00,000/- on 08.09.2014, through one Ms. Bhani. He thus, asserted that he paid a total amount of Rs. 11,00,000/- out of the agreed Rs. 12,00,000/-.

9. The Appellant/Defendant claimed that he remained present at the office of the Sub-Registrar, on the cut-off date i.e. 15.09.2014 with the balance amount, but the Respondent failed to turn up, to execute the Sale Deed; instead, he issued a false and frivolous Notice dated 25.05.2015. It was contended that the Defendant was not liable to make any further payment.

10. The Appellant/Defendant defended his possession by claiming that his status has evolved from that of a tenant to a prospective buyer in possession, and that he was in possession of the Suit Property in his own right thereof, under the part performance. He claimed that the suit of the Plaintiff/Respondent was devoid of merit.

11. From the pleadings