VIKAS GUPTA Vs. RAVI RAJ SABHRAWAL

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 3.12.2011 decreeing the suit of the respondent/plaintiff/landlord for possession and mesne profits. The mesne profits which have been awarded are only at the agreed rate of rent between the parties.

(2.) IN the city of New Delhi, those tenanted premises whose rents are above Rs. 3,500/ - per month are not governed by the Delhi Rent Control Act, 1958. The monthly tenancy of such premises can be terminated by serving of a legal notice under Section 106 of Transfer of Property Act, 1882.

(3.) THE appellant/defendant claimed that rate of rent was not Rs. 16,500/ - per month but was only Rs. 5,000/ - per month. It was pleaded that the tenancy commenced under the lease deed executed on 25.9.1997, however, after the original period of 11 months it was extended orally. It was pleaded that the rent had been paid regularly upto September, 2007 and whereafter the appellant/defendant was forced to deposit the rent in a petition under Section 31 of the Punjab Relief of Indebtedness Act, 1934 and under which statute a tenant can deposit rent against a landlord. It was pleaded that the suit be dismissed.