Delhi District Court
Sh. Amrik Singh vs Shri Vijay Yadav on 24 March, 2021
IN THE COURT OF SH. SIDDHARTHA MALIK: ACJcumCC
cumARC (SOUTHWEST): DWARKA COURTS: NEW
DELHI.
Civil Suit No.:1046/19
Sh. Amrik Singh
S/o Sh. Kartar Singh
R/o JGII/737C,
Vikaspuri,
New Delhi.
...................Plaintiff
vs.
Shri Vijay Yadav
S/o Sh. Balram Yadav
R/o JGII/ 552, Janta Flat,
Vikas Puri, New Delhi.
Also at:
Shri Vijay Yadav
S/o Sh. Balram Yadav
Tehsil Sohna
Distt. Gurgaon, Haryana
..............Defendant
Date of Institution : 17.09.19
Date of Judgment : 24.03.21
JUDGMENT:
1. This is a suit for possession and recovery of rent/ damages filed by the plaintiff against the defendant.
2. Brief facts of the case of the plaintiff are that plaintiff is 1 owner and landlord of property No. JGII/552, Janta Flat, Vikas Puri, New Delhi, consisting of two rooms attached bathroom, toilet, Kitchen open court yards more particularly shown in the site plan in red colour (hereinafter referred to as the suit property). The defendant was inducted as a tenant in the said property for a period of 11 months starting from 01.05.2018 at a monthly rent of Rs. 7,500/ per month excluding water and electricity charges. The rent agreement was renewed from time to time. Lastly fresh rent agreement was entered between the plaintiff and defendant on 04.05.2018. The tenancy of defendant was come to an end on 31.03.2019 and he was required to handover the peaceful possession of the property to the plaintiff on the expiry of term of rent agreement but defendant failed to do so.
3. According to plaintiff, the premises can fetch out the rent at present at the rate of Rs 10,000/ per month as per prevailing market rate, therefore, defendant is liable to pay damages at the rate of Rs 10,000/ per month from 01.04.2019 excluding water and electricity charges till the premises is vacated by him.
4. Plaintiff further avers that since the defendant is an unauthorised occupant after the expiry of the terms of agreement, he is liable to pay damages at the rate of Rs.
210,000/ per month excluding electricity charges and water charges from 01.04.2019. Plaintiff further avers that despite repeated demands, defendant failed to pay arrears from 01.04.2019, so, he is in arrears for five months and is liable to pay Rs 50,000/ on account of the same.
5. It is also the case of the plaintiff that despite issuance of legal notice dated 21.08.2019, defendant failed to vacate the premises and handover its peaceful possession to the plaintiff and also failed to pay arrears of rent/ damages. Hence, the present suit has been filed by the plaintiff against the defendant with the following prayers:
a). to pass a decree of possession in respect of the suit property;
b). to award the damages from 01.04.2019 till the date of filing of suit @ Rs. 10,000/ per month totalling to Rs 50,000/;
c). to award future damages @ Rs 10,000/ per month from the date of filing the suit till the premises is vacated and its peaceful possession is handed over to the plaintiff;
d). to award interest on the arrears @ 18% per annum; and
e). to award the cost of the suit.
6. Defendant was served by way of affixation on 18.01.2020. Despite service, he failed to appear and also failed to file written statement within the statutory period of limitation 3 and accordingly, he was proceeded exparte vide order dt. 05.03.2020.
7. Thereafter the plaintiff/PW1 has led ex parte evidence by way of affidavit ExPW1/A wherein plaintiff has reiterated the averments made in the plaint. PW1 also exhibited certain documents which are as follows:
1. Copy of conveyance deed: ExPW1/1 (OSR).
2. Site plan : ExPW1/2.
3. Rent agreement dt. 04.05.18 : ExPW1/3.
4. Notice: ExPW1/4.
5. Postal receipts: ExPW1/5 & ExPW1/6.
6. Tracking report : ExPW1/7.
8. PW1 was not cross examined by defendant as defendant has already been proceeded exparte due to his non appearance despite service of summons as well as non filing of WS within the prescribed period of limitation. Hence, at the request of counsel for plaintiff, exparte PE was closed vide order dated 15.01.2021.
9. Exparte final arguments were thereafter heard on behalf of the plaintiff wherein it was submitted by counsel for plaintiff that plaintiff is entitled to a decree in his favour in terms of prayers made in the plaint, considering the fact that the entire case of the plaintiff, as per plaint, has remained uncontroverted due to non filing of written statement by the 4 defendant. Even otherwise, according to him, plaintiff has been able to prove his case by way of his uncontroverted testimony in the form affidavit Ex.PW1/A which is corroborated by documents ExPW1/1 (OSR), ExPW1/2 to ExPW1/7.
10. I have heard the submissions made on behalf of plaintiff and have also perused the material available on record.
11. As has already been discussed hereinabove, the present suit for possession of the suit property alongwith recovery of rent/ damages has been filed by the plaintiff against the defendant alleging that defendant was the tenant of plaintiff at a monthly rent of Rs. 7,500/, the tenancy of whom has already been terminated vide legal notice dated 21.08.2019. No written statement to the suit of plaintiff has been filed by the defendant despite service of summons by way of affixation on 18.01.2020. Thus, all the averments made by the plaintiff in his plaint shall be deemed to have been duly admitted by the defendant.
12. Even otherwise, the plaintiff has also been able to prove the facts pleaded by him in his plaint by way of his uncontroverted testimony in the form of affidavit Ex.PW1/A. Plaintiff in support of facts pleaded by him in his plaint has further been corroborated by documentary evidence Ex.PW1/1 5 to Ex.PW1/7 whereby the plaintiff has been able to prove the existence of landlord and tenant relationship between him and the defendant. The tenancy of the defendant has been terminated by him vide legal notice dated 21.08.2019. Service of legal notice dated 21.08.2019 terminating the tenancy of defendant has been proved by the plaintiff by way of postal receipts ExPW1/5 & ExPW1/6 and tracking report ExPW1/7 which reflects the delivery of legal notice to the defendant.
13. The testimony of plaintiff regarding the defendant being in arrears of rent to the extent of Rs. 50,000/ w.e.f 01.04.201 till the date of filing the present suit, has also remained uncontroverted. Further, the tenancy of the defendant had been duly terminated by plaintiff vide legal notice 21.08.2019 and thereafter, the defendant shall be considered in unauthorized occupation of the suit property w.e.f 01.04.2019 after the expiry of the terms of agreement. Therefore, the plaintiff is entitled to damages for unauthorised possession also from April 2019 till defendant actually hands over the vacant and peaceful possession of the property to him.
14. Now, the next question is rate of damages. The plaintiff had agreed to let out the property to the defendant at the rate of Rs 7500/ per month in the year 2018. It was agreed that the rate was to be enhanced @ 10% after every 11 6 months. Therefore, the defendant was liable to pay rent at the rate of Rs 8,250/ p.m w.e.f April 2019. Although, the plaintiff has demanded the damages @ Rs 10,000/ per month for unauthorised occupation but no evidence has been produced to show that plaintiff would have earned Rs 10,000/ per month from the said property had he put the same to some other use. Thus, granting the damages at the agreed enhanced rate of rent, would be justifiable. Therefore, the defendant shall pay the damages @ Rs. 8,250/ per month w.e.f April 2019 till the actual handing over of the peaceful possession of the of suit property to the plaintiff.
15. In the case in hand, in my considered opinion, the plaintiff has been able to prove all the aforesaid facts not only on the basis of deemed admissions on the part of defendant due to non filing of written statement but also through the uncontroverted testimony of plaintiff vide affidavit Ex. PW1/A which is duly corroborated by documents Ex. PW1/1 to Ex.PW1/7. In view of the aforesaid discussions, suit of plaintiff is hereby decreed in his favour and against the defendant. Defendant is directed to hand over the vacant and peaceful physical possession of the suit property i.e property No. JG II/552, Janta Flat, Vikas Puri, New Delhi consisting of two rooms attached bathroom, toilet, Kitchen open court yards more particularly shown in the site plan in red colour, alongwith 7 arrears of rent to the extent of Rs. 50,000/ w.e.f 01.04.2019 till the filing of the suit and future damages @ Rs.8,250/ per month w.e.f. April 2019 from the date of filing the suit till the premises is vacated and its peaceful possession is handed over to the plaintiff. Defendant shall also pay simple interest @ 6% per annum on the amount of arrears of rent from the date of filing of the suit till the date of payment of said arrears of rent by defendant to plaintiff since the interest claimed by the plaintiff i.e at the rate of 18% per annum quite exorbitant. Defendant shall also pay cost of the suit to the plaintiff as per rules.
16. Decree Sheet be prepared accordingly.
17. File be consigned to record room.
Digitally signed by SIDDHARTHA SIDDHARTHA MALIK
MALIK Date: 2021.03.24
15:23:32 +0530
Announced in the open court (Siddhartha Malik)
today i.e on 24.03.2021 ACJ/CCJ/ARC:South West District
Dwarka Courts: New Delhi
8
9