ANNICK CHAYMOTTY ALIAS DEVAYANI Vs. PREM MOHINI MEHRA

JUDGEMENT

(1.) The short question that arises for determination in this revision petition is whether the rent of the premises in occupation of the appellant/tenant is Rs.3620.00 p.m. and the Civil Court has Jurisdiction to entertain a civil suit filed by the respondent for the ejectment of the petitioner from the premises.

(2.) The factual matrix of the case, briefly stated, is that the appellant is a tenant on the first floor of House No.21A, Amrita Shergill Marg, Delhi under the respondent. She had initially rented this premises @Rs.1200.00- p.m. which was later on increased to Rs.1320.00- p.m. In addition, she was paying Rs.2300.00 p.m. to the respondent for additional facilities provided in the premises. After terminating the tenancy of the appellant by service of a notice of quit, the respondent filed a civil suit for possession and recovery of mesne profit against the appellant. Subsequently, respondent gave up the claim of mesne profit. The appellant contested the suit by filing a written statement. The relationship of landlord and tenant between the parties was admitted and so was admitted the service of the notice of termination of tenancy. However, it was contended that the monthly rent was Rs.1320.00 only and the amount of Rs.2300.00 over and above this sum was being paid to the respondent towards additional facilities provided to the tenant and that this sum was not part of the rent. It was, therefore, pleaded that the jurisdiction of the civil court in the rate of rent being less than Rs.3500.00 per month, was barred by Section 50 of Delhi Rent Control Act.

(3.) Based on the admissions made in the written statement, the respondent filed an application under Order 12 Rule 6 Civil Procedure Code for passing a decree for possession against the appellant. The defence of the appellant to this application was also similar to the defence raised in the written statement. The learned Civil Judge held that there was relationship of landlord and tenant between the parties; there was admission of service of notice of quit on the appellant and the total amount of monthly rent payable by the appellant to the respondent was Rs.3620.00 per month; and the Civil Court had Jurisdiction to try the suit. Accordingly, a decree for possession of the premises was passed by him against the petitioner.