PRADEEP KUMAR PRAHARAJ Vs. SUDERSHAN PATRA

JUDGEMENT

(1.) C.M. No.31025/2015 Exemption allowed, subject to all just exceptions. The application stands disposed of. Cav No.1297/2015

(2.) The respondent/plaintiff had filed the suit to seek the relief of possession, recovery of arrears of rent, and damages/mesne profits against the appellant/defendant by claiming himself to be the owner of the suit property bearing no.C-448, Sector 1, Avantika, Rohini, Delhi. The plaintiff claimed that the appellant/defendant was a tenant on the first and second floor constructed in an area admeasuring 32 sq. mtrs. The plaintiff claimed that he had purchased the suit property from the previous owner Sh. Shambu Prasad Goyal against payment of valuable consideration vide agreement to sell, GPA, SPA, receipt, affidavit, possession letter and registered will all dated 31.03.1997.

(3.) The plaintiff claimed that the monthly rent was initially fixed at Rs.3,200/- besides water and electricity charges on 01.07.1998. However, the same was periodically increased and became Rs.7,000/- w.e.f January 2010. The defendant had paid the rent lastly in April 2010. Thereafter, the defendant did not make payment of rent and was in arrears of rent w.e.f. May 2010. The plaintiff stated that he served a notice dated 06.06.2012 through his counsel terminating the contractual tenancy by the end of 30.06.2012, and calling upon the defendant to make payment of rent @ Rs.7,000/- p.m. w.e.f. 01.05.2010 till 30.06.2012 alongwith interest. Since the premises was not vacated and rent not paid, the plaintiff filed the suit in question.