RAJESH JAIN Vs. VIRENDER KUMAR BAGLA

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the Trial Court dated 31.10.2011 decreeing the suit of the appellants/plaintiffs/landlords towards arrears of rent and future rent at the admitted rate, however, the suit was dismissed so far as the relief of possession is concerned.

(2.) The facts of the case are that the suit premises consisting of the mezzanine floor having an area of approximately 40 sq. yds. in the built up property bearing Municipal No. 88, Ward No. IV, Corner Dariba Kalan, Chandni Chowk, Delhi-110006 was let out to the respondent/defendant on a monthly rental of Rs. 28,000/- under a lease deed dated 31.12.2008 for a period of two years. The lease was an unregistered lease. As per para 11 of the lease deed, the premises could be vacated on the appellants/plaintiffs/landlords serving the respondent/defendant/tenant with a two months' notice. The appellants/plaintiffs/landlords alleged that the respondent/defendant/tenant was a chronic defaulter in payment of rent and an amount of Rs. 42,000/- was due being the rent from March, 2010. The lease was terminated by means of two legal notices dated 12.2.2010 and 3.3.2010, whereafter, the subject suit for possession, recovery of arrears of rent and mesne profits was filed.

(3.) The defendant/respondent appeared and filed his written statement. The relationship of landlord and tenant was not disputed and nor the monthly rent was disputed. It was pleaded that lease had not come to an end, as the same was expiring only on 31.12.2010, and therefore, the suit, filed on 14.5.2010 was said to be not maintainable.