ROHIT RAJPAL Vs. OM PRAKASH SEWANI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against a judgment dated 06.06.2019 passed by the Executing Court (ADJ-02, [South] Saket Courts, New Delhi) in Ex.No. 357/2018, titled Om Prakash Sewani vs. Rajesh Rajpal.

(2.) The execution proceedings were filed by the respondent herein for execution of a decree dated 17.02.2018, passed in CS No. 207367/2016. The petitioner herein was not a party to the suit, which was filed by the respondents against one Rajesh Rajpal, who is the brother of the petitioner. The respondents claimed to be the absolute owners of the lower ground floor of the suit property (NIL-4B, Malviya Nagar, New Delhi, 110017), having purchased the same under a registered sale deed dated 23.01.2014. They claimed to have leased the premises to the defendant under an agreement dated 11.03.2014 at a monthly rent of Rs. 45,000/- for a period of 11 months. They sued the defendant for possession and recovery of arrears of rent as well as mesne profits. In the written statement filed by the defendant on 30.03.2016, it was inter alia averred that the defendant had never been in possession of any portion of the suit property, at any point of time, in the capacity of a tenant under the plaintiffs. The Trial Court recorded the statement of the defendant on 21.11.2017 to the following effect:-

(3.) The plaintiffs made an application on 11.04.2016 under Order XII Rule 6 of the Code of Civil Procedure, 1908 [hereinafter referred to as "CPC"], claiming a decree upon admission, in view of the fact that the execution of the rent agreement had been admitted by the defendant. Although the application was contested by the defendant, it resulted in a decree dated 17.02.2018. The plaintiff pressed for a decree upon admission only in respect of possession, and not for the arrears of rent or mesne profits. The judgment of the learned Trial Court recorded the following submissions on behalf of the defendant:-