KIRAN ARYA Vs. PRAVEEN GOYAL

JUDGEMENT

(1.) The present regular first appeal under Sec. 96 of the Code of Civil Procedure (hereinafter, CPC) seeks to assail the judgment and decree dtd. 19/4/2022 passed by the Ld. ADJ-04, South West District, Dwarka Courts in CS No. 194/2021. Vide the impugned judgment, the learned Trial Court has decreed the respondent/plaintiff's suit for possession under Order XII Rule 6 CPC after taking into account the appellant/defendant's statement under Order 10 CPC, wherein she had clearly admitted that she was a tenant in the suit property.

(2.) For the sake of convenience, the parties would be referred to as their original position before the learned Trial Court.

(3.) The common case of the parties is that the suit property was let out by the plaintiff in favour of the defendant vide rent agreement dtd. 11/11/2019; the terms whereof stipulated that the monthly rent of the suit property would be Rs.12,500.00 excluding water and electricity charges and the tenancy would be for a period of 11 months w.e.f., 10/11/2019 to 9/10/2020. While it is the plaintiff's case that the defendant paid the rent only till February, 2020 and thereafter expressed her inability to pay the same on account of financial difficulties being faced by her due to the pandemic of Covid-19, it is the defendant's case that the rent was paid till February, 2021. Upon expiry of the tenancy period of 11 months, the plaintiff asked the defendant to vacate the suit property and pay the arrears of rent w.e.f. 1/3/2020, which she failed to do so, leading to the filing of the suit for possession, arrears of rent and permanent injunction by the plaintiff.