DEEPAK JAIN Vs. KAMAL GARG

JUDGEMENT

(1.) By the present petition, the petitioner seeks to impugn the order dated 04.05.2016 by which an application under Order 12, Rule 6 Civil P.C. filed by the petitioner/plaintiff was dismissed.

(2.) The petitioner has filed the present suit for ejectment/possession, recovery of money, mesne profits, damages, etc. for the property being first Floor, House No.1/10912, Gali No. 6, Subhash Park, Naveen Shahadara, Delhi. It is averred that the said property was given on lease to the respondent/defendant on a monthly rent of Rs. 11,000.00. Police verification for inducting the respondent as a tenant was done on 08.06.2014. The tenancy was for a period of 11 months. It is urged that the respondent failed to pay the agreed rent with effect from 08.02.2015 and also failed to pay the charges towards consumption of water and electricity. Reliance is placed on an undertaking/commitment which the respondent allegedly made in the letter dated 21.06.2015 witnessed by two citizens where he undertook to vacate the premises by 10.07.2015. The petitioner thereafter sent a legal notice dated 04.09.2015 calling upon the respondent to vacate the suit premises which notice is said to have been served on the respondent. Hence, the present suit.

(3.) The defendant/respondent filed his written statement. In the written statement, the relationship of landlord and tenant is admitted. It is further stated that the defendant/respondent gave a security amount of Rs. 5 lacs to the petitioner at the time of taking the premises on rent and that the petitioner had promised to refund the security when the respondent would vacate the premises. The petitioner also assured that he would not charge the rent for the tenancy in view of the security of Rs.5 lacs.