SIMMI WALIA Vs. RAKESH ARORA

JUDGEMENT

(1.) The appellant has assailed judgment and decree dtd. 4/1/2023 passed under Order XII Rule 6 CPC by the learned Additional District Judge, Shahdara, Karkardooma Courts, Delhi, whereby the appellant tenant was directed to restore possession of the tenanted property to the respondent landlord in view of admissions made in the pleadings. On the basis of advance intimation, the respondent landlord entered appearance through counsel. I have heard learned counsel for both sides and have examined the digitized record of the trial court.

(2.) The present respondent had filed suit for recovery of possession of the third floor of premises bearing no.162, Ram Vihar, Delhi as well as for injunction and recovery of arrears of rent with interest and of mesne profits. In his plaint, the present respondent pleaded that the appellant was inducted as a tenant in respect of two bedrooms, drawing cum dining room, one kitchen, toilet/bathroom and balcony at third floor of the premises no.162, Ram Vihar, Delhi by virtue of registered lease deed dtd. 22/8/2019, rate of rent being Rs.34,000.00 per month exclusive of other charges; that the tenancy expired with efflux of time on 20/7/2020 but on account of Covid pandemic, at request of appellant, more time was granted to her to vacate the subject property by 20/1/2021; that the appellant paid rent till 20/1/2021 but thereafter, neither paid any rent nor vacated the subject property despite repeated requests of the respondent, so in order to avoid any technicalities, though the lease stood expired with efflux of time, the respondent issued quit notice dtd. 26/3/2021, thereby terminating the tenancy by the midnight of 20/4/2021, to which the appellant sent a reply dtd. 31/3/2021 and opted not to vacate the subject property.

(3.) In her written statement, the appellant admitted relationship of tenancy between the parties and pleaded that after she paid a cash amount of Rs.5,00,000.00, parties orally agreed that the rate of rent be reduced from Rs.34,000.00 per month to Rs.24,000.00 per month with effect from 1/3/2021. Further, the appellant resisted the suit, pleading that according to the registered lease deed, the tenanted premises were top floor and not third floor of premises no.162, Ram Vihar, Delhi. For this reason, the appellant pleaded that the suit is liable to be dismissed.