SUNITA SHARMA Vs. SARIKA GULATI

JUDGEMENT

(1.) Vide Agreement dated 23.7.2002, Smt. Sarika Gulati, respondent No.1 inducted Sh. Vivek Sharma, respondent No.2 as her tenant in respect of premises bearing No.JG1/104-B, Third Floor, Vikas Puri, New Delhi at a monthly rental of Rs.3,500/- per month for a period of 11 months. The lease agreement was renewed vide agreement dated 5.8.2003 and the tenancy was further extended for a period of 11 months at the rental of Rs.3,700/- per month. Smt. Sunita Sharma, defendant No.2 (appellant in this case) is the wife of Shri Vivek Sharma. Sh. Vivek Sharma started residing abroad. Smt. Sarika Gulati, respondent No.1 served a notice dated 28.10.2003 terminating his tenancy and called upon him to vacate the premises and hand over the above said suit premises within 15 days from the date of receipt of notice. Notice was duly served. Ultimately, Smt. Sarika Gulati filed a suit for declaration, permanent injunction, possession as well as recovery of Rs.73,000/- towards arrears of rent. Smt. Sunita Sharma, who was in possession of the suit property was arrayed as defendant No.2 in the original suit. Shri Vivek Sharma was proceeded against ex-parte.

(2.) In her written statement, Smt. Sunita Sharma, appellant set out the following case. She herself was a tenant in the suit premises from the very inception of tenancy at a monthly rental of Rs.1,000/- per month and had also paid security to the tune of Rs.1,50,000/-. During the pendency of the suit, the appellant Smt. Sunita Sharma was directed to pay arrears of rent @ Rs.1,000/- per month for a period of 18 months prior to April, 2005. She was also directed to pay future rent at the same rate. She failed to comply with the above said order. Consequently, her defence was struck off vide order dated 25.7.2005.

(3.) The plaintiff produced her evidence and consequently the Court passed the decree, as prayed. The appeal was preferred before the First Appellate Court but it, too, did not ring the bell.