Delhi District Court
Kela Devi vs Amit Kumar on 9 December, 2025
IN THE COURT OF MS. AAYUSHI SAXENA:
CIVIL JUDGE-03, CENTRAL DISTRICT, TIS HAZARI COURTS,
DELHI
Date of Institution of Suit: 01.07.2023
Pronounced on:09.12.2025
SUIT NO: 1298/2023
CNR No.DLCT030034882023
IN THE MATTER OF: -
Mrs. Kela Devi,
W/o Sh. Puran Singh,
R/O Khasra no.697, Conductor Colony,
Opposite Hanuman Mandir, Burari, Delhi-110084.
...Plaintiff
Digitally
VERSUS signed by
AAYUSHI
AAYUSHI SAXENA
SAXENA Date:
Sh. Amit Kumar, 2025.12.09
16:29:22
+0530
S/O Sh. Suresh Kumar,
R/O House No.55, Nangli Poona,
Alipur, Delhi-110036. ...Defendant
JUDGMENT
1. The present suit has been filed by Ms. Kela Devi ( hereinafter referred to as the Plaintiff) against Mr. Amit Kumar (hereinafter referred to as Defendant) seeking recovery of possession, permanent injunction, arrears of rent and grant of mesne profit/damages in respect Suit No 1298/23 Page 1 of 10 of immovable property i.e. one shop on the ground floor of Khasra No.697,698, Conductor Colony, Opposite Hanuman Mandir, Burari, Delhi-110084 (hereinafter referred as 'suit property').
BRIEF FACTS OF THE CASE
2. Brief facts leading to the filing of present suit are mentioned as under:
2.1. That Plaintiff is the owner of the suit property and the Defendant is the tenant of Plaintiff.
2.2. In the 2nd week of the January, 2023, the Defendant approached the Plaintiff for taking the suit property on rent and on 21.01.2023, a Lease/Rent Agreement was executed between the Plaintiff and the Defendant regarding the suit property for a period of 11 months at a monthly rent of Rs.6,500/- excluding the electricity and water charges and at that time, no advance payment was made by the Defendant.
2.3. In the second week of February, 2023, Plaintiff approached the Defendant regarding the rent due for the month of January, 2023 and February, 2023, but the Defendant requested the Plaintiff that he was not in a position to pay the rent for that month and he would pay the rent amount of Rs.13,000/- in the next month. 2.4. On 28.02.2023, the Defendant came at the house of the Plaintiff alongwith 4-5 goons and threatened to kill the family members of Plaintiff and also harassed and misbehaved with the daughter-in-
law of Plaintiff namely Rita and on 01.03.2023, a complaint vide DD No.77 dated 01.03.2023 was registered in Burari Police Station regarding the above said incident.
2.5. In the second week of March, 2023, the Plaintiff again contacted Suit No 1298/23 Page 2 of 10 the Defendant regarding the above said dues but at that time Defendant sought some more time to clear the dues. 2.6. On 16.04.2023, Defendant went to the house of Plaintiff alongwith 4-5 goons and again threatened to kill the family members of Plaintiff and also harassed and misbehaved with the daughter-in-law of Plaintiff namely Rita and a complaint regarding the said incident was given by the Plaintiff in to S.H.O, Burari, Delhi on 19.04.2023 and FIR bearing 0480/2023 was also registered on 08.05.2023.
2.7. In the first week of May, 2023, an amicable settlement was arrived at between the parties with the help of respectable persons of the society and as per the said settlement, Defendant had to vacate the suit property and clear the dues on or before 10.05.2023 and also the Defendant committed that he would withdraw civil suit bearing No.CS.SCJ-640/2023 titled as "Amit Kumar vs. Kela Devi" on or before 09.05.2023, which was filed by the Defendant but the Defendant did not withdraw the said suit as per commitment.
2.8. Despite repeated reminders and requests by the Plaintiff, to pay the dues with respect to the rent and also for vacating the suit property, the Defendant failed to comply.
2.9. On 12.05.2023, the Plaintiff sent a legal notice to the Defendant thereby asking the Defendant to vacate the suit property within one week after receipt of the said legal notice and in case of non- compliance, the Defendant would be liable to pay Rs.2,000/- per day as damages/mesne profits for illegally occupying the suit property. The said legal notice, sent by way of speed post, was returned with report "Item Returned No such person in the address"
Suit No 1298/23 Page 3 of 10though the address mentioned therein, i.e. House No.55, Nangli Poona, Alipur, Delhi-110036, is same as mentioned in the civil suit bearing No. CS-640/2023, titled as "Amit Kumar VS Smt. Kela Devi" which was filed by the Defendant i.e. Amit Kumar. As per the internet tracking report of the courier, legal notice was returned with report "Party Refused".
2.10. The occupation of the Defendant in the suit property became unauthorized and unlawful after 25.05.2023 as the Defendant had violated the terms and condition of the rent deed and also failed to comply with legal notice dated 12.05.2023.
2.11. Hence, the instant suit wherein the following reliefs have been claimed:
"a) Pass a decree of possession in in favour of Plaintiff and against the Defendant thereby directing the Defendant, his heirs, successors, nominees, assignees, agents, attorney, representative, staff, employees or any other person acting on his behalf to hand over vacant and peaceful physical possession of the suit property i.e. one shop on the ground floor of Khasra No.697,698, Conductor Colony, Opposite Hanuman Mandir, Burari, Delhi-110084, more specifically shown in red colour in the site plan;
b) Pass a monetary decree of Rs.40,300/- in favour of Plaintiff and against the Defendant for recovery of arrears of rent alongwith pendente-lite and future interest from the date of filing of the suit till the date of handing over the vacant and peaceful physical possession of the suit property ;,
c) Pass a decree in favour of the Plaintiff and against the Defendant for a sum of Rs.2,000/- per day as damages/mesne Suit No 1298/23 Page 4 of 10 profit at the time of his illegal occupation;
d) Award pendente-lite and future interest @ 24% P.A. from the date of filing of the suit till realisation of the amount be passed in favour of the Plaintiff and against the Defendant;,
e) Pass a decree of permanent injunction in favour of Plaintiff and against the Defendant, thereby restraining the Defendant, his agents, associates, attorneys, legal heirs, servant etc., jointly and severally from creating any construction, disposing of, selling, alienating, mortgaging, part-with possession, letting, sub-letting or creating any third party interest of whatsoever nature in respect of suit property, i.e. one shop on the ground floor of Khasra No.697,698, Conductor Colony, Opposite Hanuman Mandir, Burari, Delhi-110084, more specifically shown in red colour in the site plan ;
f) Award throughout costs of the suit alongwith the pleader's fees in favour of the Plaintiff and against the Defendant;
g) Any other further Order or Orders, which this Hon'ble Court may deem fit and proper in the facts and circumstance of the case may kindly be passed in favour of the Plaintiff and against the Defendant."
3. Summons of the suit were served on the Defendant on 08.07.2023, however, he failed to file WS and vide order dated 30.03.2024, right of the Defendant to file WS stood closed and the matter was fixed for PE.
4. Perusal of the file shows that the Defendant last appeared in the Court on 30.03.2024 and thereafter, he did not appear in the Court on any date.
Suit No 1298/23 Page 5 of 105. In order to substantiate her case, Plaintiff examined herself as PW1 and led her evidence by way of affidavit Ex.PW1/A. She produced site plan Ex.PW1/1, lease agreement Ex.PW1/2 (OSR), copy of complaints dated 01.03.2023 and 19.04.2023 Ex.PW1/3 and PW1/4, respectively, copy of FIR bearing no.480/2023 Ex.PW1/5, certified copy of civil suit bearing no. CS SCJ 640/2023 Ex.PW1/6, legal notice dated 12.05.2023 Ex.PW1/7, speed post receipt Ex.PW1/8, courier receipt Ex.PW1/9, tracking reports Ex.PW1/10 and Ex.PW1/11.
6. I have heard the submissions of Mr. Jitender Kumar Gahlyan and Ms. Vibha, Ld. Counsel for Plaintiff and perused the material on record. PW1 has reiterated his version of pleadings on oath. The reliefs sought by the Plaintiff have been taken up for analysis one by one.
ISSUE OF POSSESSION AND PERMANENT INJUNCTION
7. The foundational basis of the entire case of the Plaintiff is that there was a landlord - tenant relationship between the Plaintiff and Defendant.
8. The Plaintiff testified that the suit property was rented out to the Defendant vide rent agreement dated 21.1.2023 Ex.PW1/2 (OSR) at a monthly rent of Rs.6,500/- excluding electricity and water charges. The Plaintiff further deposed that vide legal notice 12.05.2023 Ex.PW1/7, he terminated the tenancy of the Defendant calling upon him to handover the vacant and Suit No 1298/23 Page 6 of 10 peaceful possession of the suit property, failing which the Defendant would have to pay a sum of Rs.2,000/- per day as damages/mesne profit for illegally occupying the said property and also for payment of dues of Rs.32,000/- alongwith monthly interest @ 24%.
9. In a suit for recovery of possession from a tenant whose tenancy is not protected under the Rent Control Act, all that is required to be established by the Plaintiff landlord is the existence of jural relationship of landlord and tenant between the parties and the termination of tenancy either by lapse of time or by notice served by the landlord under section 106 of Transfer of Property Act, 1882 ('TP Act')1. A perusal of Section 106 TP Act makes it clear that it creates a deemed monthly tenancy in those cases where there is no express contract to the contrary, which is terminable at a notice period of 15 days2.
10. In the present matter, the Defendant has not disputed the jural relationship of landlord and tenant and the service of legal notice terminating his tenancy, as no written statement has been filed by him. Additionally, the tenancy was terminated by service of notice on the defendant. The testimony of PW1 has remained unrebutted and uncontroverted as the Defendant did not appear to contest the suit. Therefore, the possibility of doubting the testimony of PW1 thus, stands negated. Consequently, both the conditions for recovery of possession are met. In view of the discussion, Plaintiff is held entitled to possession of suit property and Defendant shall 1 Payal Vision Limited v. Radhika Choudhary (2012) 11 SCC 405.
2Park Street Properties Pvt. Ltd. v. Dipak Kumar Singh & Anr. (2016) 9 SCC 268.
Suit No 1298/23 Page 7 of 10handover the vacant and peaceful possession of suit property i.e. one shop on the ground floor of Khasra No.697,698, Conductor Colony, Opposite Hanuman Mandir, Burari, Delhi-110084 to the Plaintiff in accordance with law. Till the possession of suit property is handed over by the Defendant to the Plaintiff, in accordance with the decree passed today, Defendant, his agents, associates, attorneys, legal heirs, servant etc., jointly and severally are hereby restrained from creating any construction, disposing of, selling, alienating, mortgaging, part-with possession, letting, sub-letting or creating any third party interest of whatsoever nature in the suit property.
RECOVERY OF ARREARS OF RENT AND MESNE PROFITS
11. Plaintiff has sought recovery of arrears of rent for a period of January, 2023 to June, 2023, at the rate of Rs. 6,500/- per month, totalling Rs. 40,300/-. Since the Plaintiff has been held entitled to the relief of possession and permanent injuction, he is also held entitled to arrears of rent from January, 2023 to June, 2023.
12. It is a settled proposition of law that landlord is entitled to mesne profits against a tenant, who continues to stay in the tenanted premises after the termination of the tenancy. It is now well accepted that the amount, which a landlord is entitled to receive on the termination of tenancy, is the amount which the premises can fetch if let out on rent during the period of its illegal occupation by the tenant. The rent which the premises can fetch during the period of the illegal occupation by the erstwhile tenant is a fact which can Suit No 1298/23 Page 8 of 10 be easily demonstrated in a suit for possession and mesne profits against the tenant by leading evidence. In the present case, status of Defendant, after the termination of tenancy, became that of an illegal occupier and since the Defendant has not contested the suit and failed to establish lawful possession of the suit property, the Plaintiff is held entitled to mesne profits or damages. The Plaintiff has claimed damages at the rate of Rs. 2,000/- per day which appears to be excessive as no evidence has been led by the Plaintiff that the suit property can fetch a mesne profit @ Rs.2,000/- p.m. I deem it appropriate to award Rs.10,000/- p.m. to the Plaintiff as mesne profit for use and occupation of the suit property by the Defendant from 25.05.2023 until the suit property is handed over to the Plaintiff.
INTEREST AND COST
13. The Plaintiff has claimed pendente lite and future interest @ 24% p.a, from the date of institution of the suit till realization. However, the same appears to be unreasonable and not as per the prevailing market rate of interest. Plaintiff is thus granted pendente lite and furture interest @ 9 % p.a. Cost of the suit is also awarded in favour of the Plaintiff.
RELIEF
14. In view of the above discussion, the suit of the Plaintiff stands decreed. The Plaintiff is held entitled to possession of suit property i.e. one shop on the ground floor of Khasra No.697,698, Conductor Colony, Opposite Hanuman Mandir, Burari, Suit No 1298/23 Page 9 of 10 Delhi-110084 and Defendant shall handover the vacant and peaceful possession of suit property to the Plaintiff in accordance with law. Till the possession of suit property is handed over by the Defendant to the Plaintiff, in accordance with the decree passed today, Defendant, his agents, associates, attorneys, legal heirs, servant etc., jointly and severally are hereby restrained from creating any construction, disposing of, selling, alienating, mortgaging, part-with possession, letting, sub-letting or creating any third party interest of whatsoever nature in the suit property. Defendant shall pay a sum of Rs.40,300/- from January, 2023 to June, 2023 as arrears of rent and he shall also pay mesne profits/damages @ Rs. 10,000/- per month from 25.05.2023 until the suit property is handed over to the Plaintiff. Plaintiff is also granted pendente lite and furture interest @ 9 % p.a. Costs of the suit are also awarded in favour of Plaintiff.
15. Decree sheet be prepared accordingly. File be consigned to record room after due compliance.
Digitally signed by AAYUSHI SAXENAAAYUSHI Date:
SAXENA 2025.12.09
16:29:35
+0530
Pronounced in open court: (Aayushi Saxena)
Dated: 09.12.2025 Civil Judge-03, Central,
Tis Hazari Courts, Delhi
This judgment contains 10 pages and each page has been signed by me.
Suit No 1298/23 Page 10 of 10