PRADEEP KHANNA Vs. RENU KHETARPAL

JUDGEMENT

(1.) The appellant has challenged the decree for possession of flat bearing No.123, First Floor, Vasundhra Apartments, Sector 9, Rohini, Delhi (hereinafter referred to as the "suit property") passed by the learned Trial Court against the appellant under Order XII Rule 6 of the Code of Civil Procedure.

(2.) Vide registered rent agreement dated 26th September, 2007, the respondent let out the suit property to the appellant for a period of two years w.e.f. 1st October, 2007 to 30th September, 2009 at a monthly rent of Rs.8,500/-. The parties executed a separate agreement dated 26th September, 2007 whereby the appellant agreed to pay user charges of Rs.10,000/- per month for the fittings and fixtures. Clause 7 of the second agreement records that both the agreements shall run simultaneously and in case of termination of either one, the other shall automatically stand terminated.

(3.) Vide notice dated 26th October, 2013, the respondent notified the appellant that after the expiry of the two years' period of lease under the lease agreement dated 26th September, 2007, the lease was orally renewed on month to month basis upon increase of rent and the last paid rent and hire charges for fittings and fixtures were Rs. 11,000/- and Rs.11,350/- per month respectively. The respondent notified the appellant that the rent has been paid upto March, 2012 and hire charges have been paid upto September, 2011. The respondent demanded Rs.2,20,000/- towards the arrears of rent from 01st April, 2012 upto 30th November, 2013 @ Rs.11,000/- per month and hire charges of Rs.2,95,100/- from 01st October, 2011 to 30th November, 2013 @ Rs.11,350/- per month along with the interest @ 18% per annum. The respondent also terminated the tenancy of the appellant w.e.f. 30th November, 2013 and called upon the appellant to hand over the vacant and peaceful possession of the suit property failing which the respondent shall claim damages for use and occupation of the suit property at the rate of the current market rent of Rs.35,000/- per month.