PRAVEEN KUMAR Vs. GURNAIL SINGH GILL

JUDGEMENT

(1.) The present appeal under sec. 96 of the Civil Procedure Code has been preferred by the defendant no.1 in suit no. 8812/2016 (new) assailing the judgment dtd. 17/1/2022 passed by the learned ADJ-06, Tis Hazari Court, Delhi. Under the impugned judgment, the learned Trial Court has decreed the suit filed by the respondent no.1/plaintiff for possession of the property bearing House no.330, Vikaspuri, New Delhi, along with arrears of rent of Rs.2,24,000.00 payable with interest @ 12% per annum and has also directed the appellant to pay mesne profits @ Rs.20,000.00 per month w.e.f. 1/9/2013.

(2.) The brief facts emerging from the record are that the respondent no.1/Plaintiff inherited the suit property through a will dtd. 23/5/1979 from his father Mr. Sohan Singh Gill. In the year 2010, the respondent no.1 appointed his uncle, Mr. Sardar Piara Singh as his Special Power of Attorney (hereinafter referred to as SPA) in respect of the suit property. On 22/6/2011, the respondent no.1 through his SPA entered into a lease agreement for a period of eleven months qua the suit property with the appellant, as per the terms of this lease agreement the monthly rent of this premises was fixed at Rs.12,500.00 per month. It is the respondent no.1's case that as the appellant stopped paying rent w.e.f. May, 2012, the lease in accordance with clause 16 of the agreement stood automatically terminated after 30 days. As the appellant despite failing to pay the rent still did not vacate the premises, the respondent no.1 through his SPA issued a legal notice dtd. 27/7/2013 terminating the tenancy w.e.f. 30/8/2013 and thereafter instituted the suit for possession, arrears of rent and mesne profits which has been decreed by the learned trial Court vide the impugned judgment.

(3.) Based on the pleadings of the parties, the learned trial Court framed the following issues on 11/5/2017: