REMAL DASS DUDEJA Vs. SANTOSH MEHLAWAT

JUDGEMENT

(1.) The present second appeal under Sec. 100 CPC is directed against the judgment & decree dated 09.09.2014 passed by the First Appellate Court, namely the learned Additional District Judge -04, New Delhi District, Patiala House Courts, Delhi in RCA No. 06/2014, whereby the first appeal preferred by the appellant/ plaintiff has been dismissed, and the judgment & decree passed by the Trial Court, namely the learned Civil Judge -16, Tis Hazari Courts, Delhi in Suit No. 866/2011 - dismissing the suit of the appellant/ plaintiff for recovery of arrears of rent, has been affirmed.

(2.) The admitted facts are that the plaintiff is the landlord and the defendant is the tenant in respect of the property bearing Flat No. 9258, Type C -1, LIG Category, Ground Floor, Vasant Kunj Residential Scheme, New Delhi. The appellant/ plaintiff filed the suit for recovery of arrears of rent on the premise that the respondent/ defendant was the tenant in the suit property on a monthly rent of Rs. 4,500/ -, excluding electricity and water charges. The plaintiff claimed that a rent agreement was executed between the parties on 01.08.2000, the original whereof is with the defendant. Paragraph 1 of the plaint is relevant and the same reads as follows:

(3.) The plaintiff claimed that the respondent/ defendant was in arrears of rent with effect from 01.08.2000. The averments made by the plaintiff in paragraph 8 of the plaint read as follows: