* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 29^th January, 2026 Pronounced on: 17^th April, 2026 + RFA 1002/2023, CM APPL. 66567/2023 & CM APPL.

66569/2023

1. M/S B.R. INDUSTRIES & ANR.

CB-207, Ring Road, Naraina New Delhi-110028.

2. SH. RAJEEV SRIVASTAVA Sole Proprietor M/s B.R. Industries, R/o B-20, Asta Park, Hari Nagar, New Delhi-110064.

.....Appellants Through: Mr. Raj Singh Rana, Ms. Monika Rana and Ms. Arti, Advs.

versus SMT. KAILASHWATI W/o Late Sh. Pyare Lal R/o CB-317, Ring Road, Nariana, New Delhi.

....Respondent Through: Mrs. Parveen Rawal & Mr. Shashank Sachdeva, Advs.

+ RFA 1004/2023, CM APPL. 66670/2023

1. M/S B.R. INDUSTRIES & ANR.

CB-207, Ring Road, Naraina New Delhi-110028.

2. SH. RAJEEV SRIVASTAVA Sole Proprietor M/s B.R. Industries, R/o B-20, Asta Park, Hari Nagar, New Delhi-110064.

.....Appellants Through: Mr. Raj Singh Rana, Ms. Monika Rana and Ms. Arti, Advs.

versus SMT. SANGEETA GUPTA W/o Late Sh. Sunil Kumar Gupta R/o CB-317, Ring Road, Nariana, New Delhi. ....Respondent Through: Mrs. Parveen Rawal & Mr. Shashank Sachdeva, Advs.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. The aforesaid two Regular First Appeals have been filed under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) read with Order XLI CPC are decided together, as they arise from similar facts.

2. The two Regular First Appeals have been filed against the Judgment dated 31.07.2023, whereby the Suit of the Plaintiffs/Respondents for Possession, Arrears of Rent, Damages and Mesne Profits, has been decreed. 3. The brief facts in RFA Nos.1002/2023 and 1004/2023 are that the Respondent Smt. Kailashwati is the absolute and exclusive owner of property bearing No. CB-207, Ring Road, Naraina, New Delhi. Late Sh. Pyare Lal, husband of the Respondent/Plaintiff in the year 2008, let out one room/shop in the aforesaid property to Defendant No.2/Rajeev Srivastava, who is the sole proprietor of Defendant No.1, on a monthly rent of Rs.

4,000/- per month excluding electricity and water charges.

4. The second tenancy was created in the year 2014 with respect to property bearing No. CB–210, Ring Road, Naraina, New Delhi, when Late Sh. Sunil Kumar Gupta, husband of the Respondent/Plaintiff let out three rooms on the first Floor of the aforesaid property to Defendant No. 2 on a monthly rent of Rs. 17,000/- per month, excluding electricity and water charges.

5. The Plaintiff had further asserted that Rajeev Srivastava, Defendant No.2 had represented himself as the proprietor of Defendant No.1 and purported himself to be a very well-connected person and also gave an impression that he was an undercover agent of RAW and worked with Intelligence Bureau (IB).

6. To put further pressure of his false identity, he claimed himself to be a Major in the Indian Army, but on being asked to show his ID Card or any proof, he only gave false excuses and also took shelter of Army Code of Conduct. The Plaintiff’s husband innocently believed the representations of Rajeev Srivastava and did not consider it desirable to double check his assertions regarding his job profile and agreed to give one room of the property on rent.

7. It was asserted that Defendant No.2 was a habitual defaulter in paying the rent since January, 2018. On repeated requests of the Plaintiff Smt. Kailashwati (Plaintiff in Civil Suit No. 530/2020), the Defendant No.2 issued a Cheque No. 061564 dated 14.08.2020, for a sum of Rs. 3,00,000/- towards arrears of rent, water and electricity charges in favour of Smt.

Kailashwati, which on presentation, got dishonoured.

8. On repeated requests of the Smt. Sangeeta Gupta (Plaintiff in Civil Suit no. 529/2020), the Defendant No.2 issued a Cheque No.548078 dated

07.12.2020 for a sum of Rs.2,19,000/- towards part arrears of rent. The Defendant No.2 requested the Plaintiff not to present the cheque with the Banker and that he shall deposit the rent within a month. The husband of the Plaintiff/Respondent