Delhi District Court
Om Prakash vs Manoj Arya on 2 January, 2024
IN THE COURT OF MS. DEEPIKA THAKRAN
CIVIL JUDGE-II, SOUTH WEST
DWARKA COURT: NEW DELHI
CS No. 527/23
CNR No. DLSW03-001284-2023
IN RE:
Om Prakash
S/o Sh. Chandradeo Sharma,
R/o: 547, Metro View Apartment,
Sector-13, Pocket-B, Dwarka,
New Delhi-78 .....Plaintiff
Vs.
1) Manoj Arya
2) Poonam
W/o Sh. Manoj Arya,
Both R/o: Flat No. 564, Pocket B-2,
Glorious Apartment, Lok Nayak Puram,
Bakkarwala, New Delhi-110041.
Also at: Flat No. 532, Pocket B2,
Glorious Apartment, Lok Nayak Puram,
Bakkarwala, New Delhi-1100041. .....Defendants
CS No. 527/23
Om Prakash Vs. Manoj Arya & Anr. Page no.1/8
SUIT FOR RECOVERY
Date of Institution : 28.04.2023.
Date of reserving the judgment : 04.12.2023.
Date of judgment : 02.01.2024.
Final Judgment : Ex-parte decreed.
JUDGMENT
1. The present suit has been filed for recovery of Rs. 2,26,100/- (Rupees Two Lakh Twenty Six Thousand One Hundred Only) alongwith pendente-lite interest and future interest. The brief facts of the present case as mentioned in the plaint are that defendants had taken the well furnished immovable property of the plaintiff bearing flat No. 562 (ground floor), Glorious Apartments, Pocket-B2, Lok Nayak Puram, DDA Flats, Bakkarwala, New Delhi-110041 on rent for residential purpose only for a period of 11 months w.e.f. 02.02.2019 @ Rs. 5,000/- p.m. with 10% increase every year if continued further. It is mentioned that the premises was given in good condition and it was agreed between the parties that in case of physical or safety damage maintenance-repairing cost would be attracted. It was also agreed that electricity charges, water charges and sewage charges - Rs. 300/- p.m. was to be paid to the property owner and RWA charges - Rs. 200/- p.m. is payable to RWA office directly on or before every 10 th day of month. It is averred that defendants had made huge safety damages and structural changes to the residential property of plaintiff i.e. Flat No. 562 which was against the agreed norms of tenancy as masonary repairing, shifting and damaging RO CS No. 527/23 Om Prakash Vs. Manoj Arya & Anr. Page no.2/8 water, breaking tank from kitchen top slab to outside window overhead, fixing overhead tank on electrical panel, box damaging washroom wall, tiles by making and breaking drills and cutting wall plasters, drilling and making unwanted slab in kitchen area, washroom as well as new pipelines connections without any knowledge and consent of plaintiff which were huge violation of tenancy terms and conditions, rework and restoration of that would be costing more than Rs. 60,000/- to the plaintiff. In addition to that defendants damaged glass pans, mirror, electric call bell, switch board, bedroom corner plaster. It is averred that defendants instead of paying the agreed monthly rent and other aforesaid expenses started making the excuse from the next month of March, 2019 itself stating that the mother has got heart attack, father, father-in-law were ill and it continued and the said excuses were just to defer the payment. It is further mentioned that both the defendants once in a while had paid the rent online by simply paying Rs. 7,000/- however the rent accumulated was Rs. 20,000/- for 3-4 months. On this conduct when plaintiff requested them to vacate the property, neither they vacated the property nor paid the rent. The property of plaintiff was made shelter for many street dogs without the permission of the plaintiff and it amounts to violation of terms and conditions. Further the defendants used to practice illegal commercial activity as local chit-fund group meetings (committee meetings) in the name of Pooja and Hawan at the residence which caused disturbance and public nuisance. There were complaints of not paying the RWA subscription and of unruly behaviour of the defendants. The defendants CS No. 527/23 Om Prakash Vs. Manoj Arya & Anr. Page no.3/8 repeatedly failed to pay the rent for more than 6 months due notice was given and after repeated persuasion defendants vacated the rented property on 07.08.2021 without paying single penny of rent due and other dues which was amounting Rs. 2,26,100/- and apart from that, defendants damaged the rented property and made structural changes and hence liable to pay damages. Legal notice dated 30.09.2022 was served on the defendants but no payment within the stipulated time of 15 days was made towards the due rent. On this cause of action the present suit for recovery of Rs. 2,26,100/- alongwith 18% interest and for cost of suit has been filed.
2. On filing of the present suit, summon were issued and the defendants despite service and opportunities given has not appeared, consequently matter was proceeded ex-parte on 19.08.2023 and thereafter ex-parte evidence has been led by the plaintiff.
3. Plaintiff has examined himself as well as two other witnesses i.e. PW-2 Gopal Kishan Chand and PW-3 Poonam Kumari. Plaintiff has tendered his evidence affidavit Ex. PW-1/A and has relied upon the following documents i.e.:-
Nature of documents Exhibited as
1. Copy of WhatsApp chat bearing Ex. PW-1/1 photo of diary copy signed by defendant No. 2
2. Rent agreement dated 10.02.2019 Ex. PW-1/2
3. WhatsApp communication for rent Ex. PW-1/3 demand MOM
4. ICICI Bank Statement during Feb Ex. PW-1/4 2019- August 201 CS No. 527/23 Om Prakash Vs. Manoj Arya & Anr. Page no.4/8
5. Copy of Legal notice dated Ex. PW-1/5 30.09.2022
6. Registry Receipt Ex. PW-1/6
7. Photographs Ex. PW-1/7
8. Photocopy of RWA ledger of 562 Ex. PW-1/8 (colly) and due status letter dated 14.03.2023
8. Photocopy of Aadhar Card Ex. PW-1/9 (OSR)
9. Certificate under Section 65B of Ex. PW-1/10 Indian Evidence Act
ii) PW-2 is Gopal Kishan Chand. He is Vice President of Glorious Apartment and he has tendered his evidence by affidavit Ex. PW-2/A.
iii) PW-3 is Poonam Kumari. She is wife of plaintiff and she has tendered her evidence by affidavit Ex. PW-3/A.
4. Arguments heard and record perused.
5. The case of the plaintiff is that he inducted defendants as a tenant as per written rent agreement w.e.f. 03.02.2019 to 01.01.2020 vide Ex. PW-1/2 for a period of 11 months for a monthly rent of Rs. 5,000/- p.m. which was to be paid by 10 th of every English calender month. At the time of execution of rent agreement defendants deposited total security amount of Rs. 5,000/- and it was also agreed upon that if the premises is vacated before 11 months the tenant will pay Rs. 7,000/- towards the cost of white washing/painting and further as per clause 14 it was agreed that in case of any litigation over the tenanted premises the security amount would be adjusted towards the cost of litigation. As per clause 9 of Ex. PW-1/2 it was agreed that no additions/alterations of any kind will be CS No. 527/23 Om Prakash Vs. Manoj Arya & Anr. Page no.5/8 done in the rented portion by tenant without prior consent of landlord, in writing. Apart from rent agreement the plaintiff has relied upon copy of WhatsApp chat Ex. PW-1/1, further WhatsApp communication Ex. PW-1/3 and has filed bank statement Ex. PW-1/4, legal notice Ex. PW-1/5, registry receipt Ex. PW-1/6, certain photographs Ex. PW-1/7, photocopy of RWA ledger of flat 562 and due status letter dated 14.03.2023 Ex. PW-1/8 (colly), copy of his Aadhar Card Ex. PW-1/9 (OSR) and certificate under Section 65B of Indian Evidence Act. In order to prove Ex. PW-1/7 & Ex. PW- 1/8 the Vice President of the society in which the rented premises/flat is located has also been examined. PW-1 & PW- 3 has reiterated the version of the plaintiff. As per the evidence led the defendants are liable to pay the rent from 03.02.2019 till 07.08.2021, on which date they vacated the suit property without payment of rent except Rs. 5,000/- towards security which was adjustable towards dues at the time of vacating the property. During course of arguments plaintiff was directed to file the computation of rent due from the defendants. As per the computation filed by the plaintiff the rent due w.e.f 03.02.2019 to 31.12.2019 is Rs. 60,500/- (rent Rs. 5,000/- + maintenance Rs. 500/- p.m.), further the rent due for the year 2020 is Rs. 72,000/- (rent Rs. 5,500/- {10% increase} + maintenance Rs. 500/- p.m.) and the rent due for the year 2021 w.e.f. January 2021 to 07.08.2021 is Rs. 45,850/- + Rs. 1,412/- (rent Rs. 6,050/- {10% increase} + maintenance Rs. 500/- p.m. including rent for 7 days for August 2021). As per the said calculation the total rent comes to be Rs. 1,79,762/-, as per the own calculation done by the CS No. 527/23 Om Prakash Vs. Manoj Arya & Anr. Page no.6/8 plaintiff Rs. 78,300/- stands paid by the defendants to the plaintiff. On perusal of the bank account statement Ex. PW- 1/4 it is found that not only Rs. 78,300/- has been paid but additional Rs. 15,000/- has been paid on 23.02.2021, 16.03.2021 & 30.06.2021 (Rs. 5,000/- each), thereafter the total payment received by the plaintiff is Rs. 93,300/-. Therefore, as per above calculation the plaintiff is held entitled for Rs. 81,462/- (after deducting Rs. 5,000/- which was paid as security amount). The plaintiff has assessed and calculated the rent for the month of August, 2021 also claiming vacating the property without notice by the defendants. In the pleading the plaintiff himself is mentioning that on repeated requests and persuasion of plaintiff only the defendants vacated the property on 07.08.2021, therefore, the plaintiff cannot claim rent for the month of August, 2021. The plaintiff has claimed damages to the tune of Rs. 1,08,000/-, in order to prove the allegation as to doing structural changes or causing damage to the suit property by the defendants, plaintiff has placed on record certain photographs Ex. PW-1/7 (colly) wherein the broken RCC slab, putting of water tank overhead the slab etc is visible. From the said photograph it cannot be said that the same was without the consent of the plaintiff or the keeping of the same was not since inception but has been done by the defendants only. For want of satisfactory evidence no damages are being awarded.
6. In view of above, the plaintiff is held entitled to recovery of Rs. 81,462/- (Rupees Eighty One Thousand Four Hundred Sixty Two Only) from the defendants towards rent etc CS No. 527/23 Om Prakash Vs. Manoj Arya & Anr. Page no.7/8 alongwith interest @ 6% p.a. from the date of filing of the suit till its realization.
RELIEF
7. In view of the aforesaid discussion, relief granted in favour of plaintiff is as follows:-
The plaintiff is held entitled to recovery of Rs. 81,462/- (Rupees Eighty One Thousand Four Hundred Sixty Two Only) from the defendants towards rent etc alongwith interest @ 6% p.a. from the date of filing of the suit till its realization.
8. No order as to cost.
9. Decree sheet be prepared accordingly.
10.File be consigned to Record Room, after due compliance.
Digitally signed by DEEPIKA THAKRAN DEEPIKA Date:
THAKRAN 2024.01.02
17:00:07
+0530
Announced in the Open Court (Deepika Thakran)
on 02.01.2024 Civil Judge-II, Dwarka Courts
South West District, New Delhi
02.01.2024.
CS No. 527/23
Om Prakash Vs. Manoj Arya & Anr. Page no.8/8