SURAJ ARORA Vs. TARANJEET CHAWLA

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present second appeal arises out of the impugned order dtd. 2/2/2021 passed by Ld. ADJ, West District, Tis Hazari Court, New Delhi (hereinafter "Appellate Court") in RCA No. 161/2019 titled Suraj Arora v. Taranjeet Chawla. By the impugned order, the Appellate Court upheld the Judgment and decree dtd. 18/11/2019 passed by ld. Civil Judge-01, (West), Tis Hazari Courts, Delhi (hereinafter "Trial Court") in CS SCJ No. 611070/2016/14 titled Smt. Taranjeet Chawla v. Suraj Arora. The Trial Court had decreed the suit for recovery of possession and for recovery of arrears of rent and mesne profits in favour of Smt. Taranjeet Chawla, the landlady/Respondent herein (hereinafter "Plaintiff").

(3.) The background of the case is that the tenant/Appellant herein (hereinafter "Defendant"), Mr. Suraj Arora, had taken the property bearing No. WZ-48, out of Khasra No.26, admeasuring 75 sq. yds. situated at Tatarpur Village, Main Najafgarh Road, New Delhi - 110027 (hereinafter "suit property") on rent from the erstwhile landlords of the suit property in the year 1989. The original rent fixed for the suit property was Rs.300.00 per month which was enhanced to Rs.600.00 per month w.e.f. March, 1991. The last paid rent to the erstwhile landlord is stated to be Rs.968.00 per month for the period from April, 2012 to June, 2012. Thereafter, the suit property which was earlier under the joint ownership of the erstwhile landlords, was purchased by the Plaintiff, vide Sale Deed dtd. 17/8/2012 which was registered on 10/9/2012. An 'Agreement for Enhancement of Rent' (hereinafter"Enhancement Agreement") was executed on 2/9/2012 between the new owner and the Defendant, by which the rent was fixed as Rs.12780.00. The Defendant continued as the tenant in respect of the suit property, even after the purchase of the suit property by the Plaintiff. However, the tenancy was terminated vide Legal Notice dtd. 26/11/2013, on account of default in payment of the monthly rent of Rs.12,780.00 from October, 2013 onwards. The Defendant replied to the said Legal Notice, vide Reply dtd. 26/11/2013, claiming that the rent of the suit property was Rs.1,065.00 per month, and not Rs.12,780.00 per month. The Defendant also stated that he had already paid two years' rent at the rate of Rs.12,780.00 per annum, for the period from July, 2012-June, 2013 and July, 2013-June, 2014.