BHIM SAIN AGGARWAL Vs. RATTAN LAL AGGARWAL

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 22.12.2011 dismissing the suit filed by the appellant/plaintiff/landlord for recovery of possession, arrears of rent and mesne profits against the respondent/defendant/tenant. The suit/tenanted premises is shop No. Y-46, Loha Mandi, Narayana, New Delhi admeasuring 15 ft. by 15 ft. The case of the appellant was that the respondent was inducted as a tenant for a period of 11 months under the rent agreement dated 10.6.2009. The rent which was fixed as per this agreement was Rs. 17,000/- , v.i.z. Rs. 8,500/- to be paid by cheque and Rs. 8,500/- to be paid in cash. It was pleaded that the respondent/defendant/tenant started committing default in payment of rent from an early stage i.e. with effect from 1.8.2009 and, therefore, the appellant/plaintiff served a legal notice dated 2.3.2010 terminating the tenancy and claimed possession of the suit premises along with arrears of rent and mesne profits.

(2.) The defence of the respondent/defendant/tenant in the trial Court was struck-off inasmuch as in spite of repeated opportunities, written statement was not filed. In spite of the fact that there was no written statement, the respondent/defendant still appeared in the case, and, besides cross-examining the witnesses of the appellant/plaintiff, also contested the interim rent payment application being the application filed by the applicant/plaintiff under Order 39 Rule 10 CPC by filing of reply to the application.

(3.) The trial Court has dismissed the suit by drawing the following conclusions:-