MS SANGEETA AGGARWAL Vs. SMT. SOHNI DEVI

JUDGEMENT

(1.) This Regular Second Appeal under Sec. 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant/appellant against the concurrent Judgments of the courts below; of the Trial Court dated 28.01.2015 and the First Appellate Court dated 21.11.2015; by which the courts below have decreed the suit for possession and mesne profits filed by the respondent/plaintiff/landlady.

(2.) The suit has been decreed after evidence was led by the respondent/plaintiff. The evidence of the defendant/appellant was struck off, inasmuch as the defendant/appellant failed to pay even the admitted rent of Rs. 2,000.00 per month, as per the Order dated 4.4.2014 passed by the trial Court under Order 39, Rule 10 CPC. The case of the respondent/plaintiff was that the rent was not Rs. 2,000.00 per month as claimed by the appellant/defendant/tenant but was Rs. 3,800.00 per month, excluding electricity and water charges.

(3.) The suit was filed by the respondent/plaintiff/landlady with respect to the tenanted premises comprising one room on the ground floor of the property bearing No. H-36B, Gali No. 4, Gauatm Budh Marg, Shakarpur, Delhi 92 leased from July, 2012. The lease, as per respondent/plaintiff, was granted for six months. The defendant/appellant, in addition to paying the monthly rental, was also to pay Rs. 500.00 for electricity and water charges.