AJAY CHAWLA Vs. CHANDER BHAN MAKKER

JUDGEMENT

(1.) This regular second appeal, filed under Sec. 100 of the Code of Civil Procedure, 1908 ('CPC'), impugns the judgment dtd. 3/11/2018 passed by the ADJ-02, North District, Rohini Courts, Delhi ('First Appellate Court') in RCA No. 36/2018, titled as 'Sh. Ajay Chawla v. Sh. Chander Bhan Makker and Anr.', whereby the First Appellate Court dismissed the said appeal filed against judgment and decree dtd. 19/3/2018 passed by the Civil Judge, North District, Rohini Courts, Delhi ('Trial Court') in Suit No. 75/2016.

(2.) The Appellant herein is the defendant, the Respondent Nos. 1 and 2 are plaintiff nos. 1 and 2 respectively. For ease of reference, the parties are being referred to by their original rank and status as was before the Trial Court.

(3.) Brief facts, shorn of unnecessary details, are that the plaintiffs had filed the suit seeking possession, recovery of rent, damages, mesne profits and permanent injunction with respect to suit property. The plaintiffs are admittedly, the recorded owner of suit property and the relationship of landlord-tenant between the plaintiffs and the defendant is also admitted. In the plaint, it is claimed that the suit property was let out to the defendant in the year 2004 at rent of 4,000/- per month and the same was renewed from time to time until the year 2013 i.e., when the plaintiffs sought vacation of suit property by the defendant. The plaintiff in this regard relied upon the copy of a rent agreement dtd. 1/8/2007 ('rent agreement') executed between the parties. The defendant filed his written statement denying the contents of the plaint. It is contended that at the time of taking over possession of suit property, the defendant spent 5 lacs for furnishing the suit property and in pursuance thereof the title of suit property was to be transferred to defendant after adjusting the amount of 5 lacs. It is stated that in these circumstances, the rent was mutually agreed at 2,000/- per month. The Trial Court after considering the evidence and arguments of the parties, decreed the suit vide its judgment and decree dtd. 19/3/2018.