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O R D E R

% 22.04.2026

CM APPL.26620/2026

1. Exemption allowed, subject to all just exceptions.

2. Application is disposed of.

RFA 84/2026, CM APPL. 26619/2026:

3. Regular Second Appeal under Section 100 CPC has been filed against the Judgment dated 16.03.2026, whereby the learned District Judge has upheld the Judgment dated 17.05.2023 and Order dated 19.03.2025, passed by learned Civil Judge in Civil Suit No.501/2019, dismissing the objections filed by the Appellant Seema Gupta (third party), in Ex. No.401/2023.

4. The Plaintiff/Respondent had filed a Civil Suit No.501/2019 for Possession, Recovery of Arrears of Rent, Damages and Mesne Profits.

5. The factual background in brief, is that Plaintiff was the owner of property bearing No.22, First Floor, Govind Park, Delhi admeasuring 50 sq. yds. (hereinafter referred to as “Suit property”). She entered into an Agreement to Sell dated 22.09.2018 with Defendant Pankaj for sale of the Suit property, for a total sale consideration of Rs.23,00,000/-. A sum of Rs.1,00,000/- was paid by the Defendant as earnest money, under the Agreement to Sell. As per the terms, the sum of Rs.2,00,000/- was to be paid by the Defendant to the Plaintiff on 02.10.2018 and the remaining amount was to be paid, on or before 21.10.2018.

6. The Sale Agreement could not be finalized as the Defendant approached the Plaintiff on 30.09.2018 and stated that he was not in a position to pay the sum of Rs.2,00,000/- on 02.10.2018 or to comply with the terms and conditions of the Agreement to Sell. He, however, requested the Plaintiff to let out the Suit property for three months to which the Plaintiff agreed. The Defendant was thus, inducted as a tenant in the Suit property @ Rs.7,000/- per month excluding electricity and other charges since 01.10.2018.

7. The Defendant had been a habitual defaulter in payment of rent since 01.11.2018 and had failed to clear the same despite repeated demands and requests. It was stated that the Defendant was in arrears of rent amounting to Rs.21,000/-, being rent for the period from 01.11.2018 to 31.01.2019 at the rate of Rs.7,000/- per month. The Plaintiff further submitted that he had personally approached the Defendant and requested him to vacate and hand over peaceful possession of the premises by 31.12.2018. Although the Defendant assured the Plaintiff that possession would be delivered, he failed to honour the said assurance.

8. The Plaintiff, therefore, issued Legal Notice dated 25.02.2019 and terminated the tenancy of the Defendant from 31.03.2019 and directed the Defendant to hand over the vacant possession. However, the Notice was received with an endorsement “No Such Person”.

9. The Plaintiff, thus, filed the Suit seeking Possession, Recovery of Arrears of Rent from 01.11.2018 to 31.03.2019 in the sum of Rs.35,000/- and damages from 01.04.2019 to 30.04.2019 @ Rs.8,000/- per month.

10. The Defendant Sh. Pankaj, respondent No.2 herein, filed his Written Statement, wherein he denied the relationship of landlord-tenant, inter-se the parties. It was admitted by the Defendant that he had entered into any Agreement to Sell dated 22.09.2018, but it was in fact in respect of Upper Ground Floor and not for the First Floor, as is asserted by the Plaintiff. The Defendant claimed that he had given Rs.1,00,000/- in cash and one cheque for Rs.2,00,000/- at the time of the execution of the Agreement. The cheque was duly encashed by the Plaintiff and she had agreed to complete the formalities on or before 21.10.2018. The balance payment was also to be made by the Defendant on or before 21.10.2018.

11. The Defendant claimed that the Plaintiff requested an immediate payment of Rs.15,00,000/-, which she required urgently and agreed to hand over the possession of the property immediately to the Defendant, in lieu of this payment.

12. The Defendant further claimed that it was agreed that within ten days the property, shall be handed over to the Defendant and the balance amount of Rs.5