SHALU GILL Vs. JOGINDER PAL BABBAR

JUDGEMENT

(1.) THE respondent filed a suit for recovery of possession, permanent injunction, recovery of damages and unpaid rent against the appellant. On an application under Order 12 Rule 6 of Code of Civil Procedure, 1908 (hereinafter referred as CPC) filed by the respondent, trial court has passed a decree of possession. As regard other reliefs, suit is still pending. Aggrieved by the decree of possession, appellant has preferred this appeal.

(2.) THE respondent alleged in the plaint that he had let out the DDA Flat No. 307, Ground Floor, LIG Category, Pocket -3, Madipur, New Delhi to appellant on a monthly rent of Rs. 6,000/ - with effect from 01.05.2012 for a period of 11 months, vide a registered Rent Deed dated 27.04.2012. After two months, the appellant stopped paying rent. Despite his request, the appellant did not pay rent, consequently, respondent terminated the tenancy vide notice dated 24.09.2012 and called upon the appellant to vacate the suit property within 30 days. Since the appellant did not vacate the suit property, hence, the suit.

(3.) IN her written statement, the appellant did not deny the landlord tenant relationship between the parties. Execution and registration of the Rent Deed dated 27.04.2012 was also not disputed. However, it was denied that the appellant stopped paying rent with effect from 01.07.2012. She alleged that she had already paid the rent upto the month of October 2012. Respondent had made a categorical statement that vide legal notice dated 24.09.2012, tenancy was terminated and appellant was called upon to vacate the suit property within 30 days. The receipt of the notice was not disputed. However, it was alleged that respondent got the legal notice issued on the frivolous grounds, despite the fact that there was no breach of agreement with regard to non payment of rent. Subsequently, an application for amendment of written statement was filed but on 03.07.2014 which was dismissed. By way of amendment appellant sought to incorporate that her father -in -law was a tenant and rent was Rs. 2500/ -, inasmuch as he paid Rs. 3,50,000/ - as security. Another application was filed in which it was stated that her husband and brother -in -law were tenants on the monthly rent of Rs. 1500/ -. It was further alleged that respondent took nude photographs of appellant and started blackmailing her. He took her forcibly to Sub - Registrar's Office on 27th April, 2012 and got the Rent Deed executed by blackmailing her. However, the fact remains that original written statement stands and the defence taken therein alone has to be considered.