NIRMAL Vs. RAMESH KUMAR & ANR

JUDGEMENT

(1.) This second appeal is filed by the appellant/tenant/defendant no.2 against the concurrent judgments of the courts below; of the trial court dated 19.2.2013 and the first appellate court dated 27.4.2013, by which the suit of the respondent no.1/landlord/plaintiff has been decreed under Order 12 Rule 6 CPC with respect to the possession and arrears of rent at the admitted rate of rent of Rs.5,500/- and future mesne profits.

(2.) In the city of Delhi suit for possession can be filed in civil court, instead of approaching the Rent Controller under the Delhi Rent Control Act, 1958, if three conditions exist:- (i) there was a relationship of landlord and tenant between the parties; (ii) the rate of rent is more than Rs.3500/- per month and (iii) the tenancy has been terminated by means of a legal notice under Section 106 of the Transfer of Property Act, 1882.

(3.) Respondent no.1/plaintiff/landlord filed the suit for possession against the respondent no.2 herein as the original sole defendant. Respondent no.2 is the husband of the present appellant, and the present appellant was added to the suit as defendant no.2, because, the defendant no.1/respondent no.2 raised an objection that he was not the tenant but his wife the appellant-defendant no.2 was the tenant. In the suit, after appellant was added as a defendant no.2, she filed her written statement. Thereafter, the suit has been decreed under Order 12 Rule 6 CPC.