TARNEET SINGH CHAWLA Vs. SEVA SINGH

JUDGEMENT

(1.) The appellant has challenged the order dated 08th September, 2016 whereby the learned Trial Court has allowed the respondent's application under Order 39, Rule 10 of Code of Civil Procedure by directing the appellant to pay Rs. 22,000/- per month w.e.f. from March, 2010 along with interest @ 6% per annum to the respondent.

(2.) The respondent instituted a suit for possession and mesne profits against the appellant in respect of the shop bearing No.3 on the ground floor in property No.13, NWA Road, Punjabi Bagh Extension, New Delhi- 110026. The cause of action pleaded in the said suit is that the respondent is the owner of the aforesaid shop and he let out the same to the appellant by a unregistered lease deed dated 25th January, 2003; the rent was increased to Rs. 22,000/- w.e.f. 01st February, 2006; and the respondent terminated the lease by notice dated 09th September, 2009. The respondent filed an application under Order 39, Rule 10 of Code of Civil Procedure for seeking direction to the appellant to pay rent @ Rs. 22,000/- per month from September, 2009.

(3.) The appellant contested the application on the ground that that the respondent made a false complaint dated 10th September, 2010 to the Municipal Corporation whereupon MCD issued show cause notice and in pursuance to MCD Tribunal order for demolition on 12th March, 2012, the appellant had to demolish the front of the shop. The appellant claimed suspension of rent.