KARAN KAPOOR Vs. MADHURI KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the Judgment dtd. 8/4/2021, passed by the High Court of Delhi in Regular First Appeal No.218 of 2021 (hereinafter referred as 'RFA No.218 of 2021') preferred by the Appellant, whereby the said RFA was dismissed and the High Court thereby upheld the Order dtd. 1/12/2020 passed in Civil Suit No.867 of 2018 and Review Order dtd. 17/2/2021 in Civil Suit No.867 of 2018 passed by ADJ-O7, Saket Court, (South East), New Delhi.

(3.) The brief facts of the matter are that Appellant was a tenant in the Residential Property owned by Respondent bearing No. B-228, Ground Floor, Greater Kailash-1, New Delhi-110048, including the built-up area in the stilt portion of the building (hereinafter referred as the 'Suit Property'), which comprises of drawing room, dining room, a foyer, four bedrooms with attached bathrooms, kitchen, lounge, service area and a servant quarter with common bathroom and parking for two cars. The Respondent-Landlord entered into a Lease Agreement dtd. 7/8/2011 with proprietorship concern of the Appellant, namely M/s. Fantasy Lights, at monthly rent of Rs.1,17,000.00 for a period of 24 months starting from 7/8/2011 till 7/8/2013 and interest free security deposit of Rs.3,51,000.00 (Three Lakhs Fifty - One Thousand Only) was paid by the Appellant at the time of the execution of the Lease Agreement. After the expiry of the Lease Agreement, an extended Lease Agreement for subsequent term of 11 months was executed on 7/8/2013 at the rate of Rent of Rs.1,50,000.00 per month which was to expire on 6/7/2014. The Security Deposit paid earlier was retained as Interest Free Security Deposit towards Lease Agreement dtd. 7/8/2013 as well.