VIRENDER KUMAR GAUR & ORS. Vs. MEERA BISWAS

JUDGEMENT

(1.) C.M. Appl. No. 39566/2017 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. RFA No. 919/2017 This Regular First Appeal under section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by plaintiffs in the suit impugning the judgment of the trial court dated 17.8.2017 by which the trial court has dismissed the suit so far as relief claimed by the appellants/plaintiffs for possession of the tenanted premises having premises No. 340 (old) B-340 (new), Sector-19, Dwarka, New Delhi.

(2.) Suit for relief of possession was dismissed by the trial court on the trial court returning a finding that the subject lease deed between the parties dated 9.6.2015 does contain a clause for forfeiture of the tenancy in case of non-payment of the rent.

(3.) The facts of the case are that appellants/plaintiffs filed the subject suit claiming possession, arrears of rent, mesne profits, etc. Appellants/plaintiffs pleaded that by a registered lease agreement dated 9.6.2015 the suit premises were let out to the respondent/defendant for a period of 5 years from 1.6.2015 to 1.7.2020. It was pleaded in the plaint that though the period of tenancy had expired, but the respondent/defendant has defaulted in making payment of rent since the year 2015 and no rent has been paid from October, 2016 to May, 2017.