SHIKHAR JAIN Vs. SUNIL KUMAR JAIN

JUDGEMENT

(1.) THE appellant is husband of respondent No. 2. Appellant had taken the suit property i.e., property bearing no. 8555, 1st Floor, Katra Dhunimal, Ganesh Das Building, Bhargarh, Roshan Ara Road, Delhi -110007 from the respondent no.1 on a monthly rent of Rs. 6,000/ - per month, vide Rent Agreement dated 10.05.2011. Thereafter, appellant occupied the tenanted premises along with his wife, that is, respondent no.2. Respondent no.1 filed a suit for possession, recovery of mesne profits and arrears of rent against the appellant and respondent no.2 alleging therein that appellant was irregular in making payment of rent. Ultimately, he stopped paying rent from the month of February, 2012 onwards. Appellant and respondent no.2 did not vacate the suit property even after expiry of tenancy period on 09.04.2012. In terms of the Rent Agreement, appellant was liable to pay Rs. 1,000/ - per day after 09.04.2012. Since premises was not vacated despite termination of tenancy vide Legal Notice dated 02.05.2012 served on the appellant through registered AD and speed post, hence, the suit.

(2.) IN the written statement appellant did not deny the relationship of landlord and tenant between him and respondent no.1. Rate of rent was also not disputed. However, appellant denied that he defaulted in making payment of rent. He alleged that respondent no.2 had instituted a complaint under Protection of Woman From Domestic Violence Act, 2005 before Metropolitan Magistrate, Delhi wherein on 2.3.2012, he was directed to pay interim maintenance of Rs. 3,000/ - per month to respondent no.2 subject to the condition of removal of articles from the tenanted premises after breaking open the lock in the presence of the Investigating Officer on 03.03.2012. On 03.03.2012 he removed all his goods and belongings from the suit premises and handed over possession to respondent no.1. Appellant alleged that he had paid rent till March, 2012. Accordingly, appellant was not liable to pay the rent after 03.03.2012. Respondent no.2 and her family members illegally occupied the tenanted premises. Thus, appellant was not liable to pay monthly rent after 03.03.2012. Appellant alleged that he sent a Legal Notice dated 30.05.2012 to respondent no.1 intimating this fact.

(3.) DURING the trial, trial court vide decree dated 22.09.2014 under Order 12 Rule 6 of Code of Civil Procedure, 1908 ("the Code", for short) has ordered for payment of admitted rent of Rs.6,000/ - from 01.02.2012 to 28.02.2014. Aggrieved by the decree, appellant has preferred this appeal.