Delhi District Court
Revri Devi vs Saurav Bhardwaj on 10 September, 2024
Page no. 1 of 10
THE COURT OF CIVIL JUDGE-01: SOUTH WEST
DISTRICT: DWARKA COURT: NEW DELHI
Unique case ID No: CSSCJ/334/24
CNR NO. DLSW030005802024
IN THE MATTER OF :
SMT. REVRI DEVI, AGED 65 YEARS
W/0 SHRI NAND KISHORE
R/0 HOUSE NO. RZF-1040,
GURU NANAK MARG,
RAJ NAGAR PART-II, PALAM COLONY,
SOUTH WEST DELHI DELHI-110077
...PLAINTIFF
VERSUS
SHRI SAURAV BHARDWAJ
S/O SHRI RAKESH KUMAR BHARDWAJ
R/0 HOUSE NO.F-49B, GROUND FLOOR,
GALI NO.10, OM VIHAR EXTENSION,
UTTAM NAGAR, NEW DELHI-110059
...DEFENDANT
Date of filing : 11.03.2024
Date of Institution : 12.03.2024
Date of pronouncing judgment : 10.09.2024
SUIT FOR RECOVERY OF POSSESSION, ARREARS OF
RENT, MESNE PROFITS, DAMAGES AND PERMANENT
INJUNCTION.
EX-PARTE JUDGMENT
1.Present matter is instituted for recovery of possession, arrears of rent, mesne profits, damages and permanent injunction.
2. It is the case of the plaintiff is absolute owner of the property bearing House No.F-49-B, area measuring 40 Sq. Yards Built up Ground Floor, consisting of two rooms, kitchen and joint latrine and bathroom, situated at Gali No.10, Om Vihar Civil Suit No. 334/24 Ex-parte Judgment dt. 10.09.2024 Digitally signed by ANKIT ANKIT Date:
MITTAL MITTAL 2024.09.10 16:35:19 +0530 Page no. 2 of 10 Extension, Uttam Nagar, New Delhi-110059 (hereinafter called the "SUIT PROPERTY").
3. It is averred that the plaintiff had let out the suit property to the defendant on 16th July, 2021 at the rate of Rs.6,000/- per month excluding electricity and water charges for the period of 11 months only. It is further submitted that a Rent Agreement dated 16 July, 2021 was executed between plaintiff and defendant for a period of 11 months and the same was duly Notarized by Notary Public.
4. It is further averred that the above said tenancy period was further extended on 16 June, 2022 at the enhance rate of rent for a sum of Rs.6,600/- per month excluding electricity and water charges for the next 11 months and a Rent Agreement dated 12 September, 2022 was executed between the plaintiff and the defendant for a period of 11 months and the same was duly Notarized by Notary Public. It was agreed between the plaintiff and the defendant that the defendant shall pay the rent of the suit property to the plaintiff in advance for every month regularly on or before 16th day of each English Calendar month and the defendant agreed that he shall pay the rent to the plaintiff in cash/cheque/on line in advance every month. The said suit property was rented out by the plaintiff to the defendant for residential purposes only.
5. It is averred in the plaint that the defendant did not pay the arrears of rent to the plaintiff more than 12 months i.e. from January, 2023 to January, 2024 except June, 2023, the defendant paid the rent a sum of Rs.6,000/- through Online at the mobile number of the husband of the plaintiff namely Shri Nand Kishore. Digitally signed by ANKIT ANKIT MITTAL MITTAL Date:
2024.09.10 Civil Suit No. 334/24 Ex-parte Judgment dt. 10.09.2024 16:35:29 +0530 Page no. 3 of 10
6. It is further averred that it was agreed between the plaintiff and the defendant that the defendant shall pay the rent of the suit property to the plaintiff in advance for every month regularly on or before 16th day of each English Calendar month. The defendant agreed that he shall pay the rent to the plaintiff in cash/cheque/on line in advance every month. It is submitted that the said suit property was rented out by the plaintiff to the defendant for residential purposes only.
7. It is submitted that the defendant did not pay the arrears of rent to the plaintiff more than 12 months i.e. from January, 2023 to January, 2024. Except June, 2023 the defendant paid the rent a sum of Rs. 6,000/- through Online at the mobile number of the husband of Dwarka Courts, Delhi the plaintiff namely Shri Nand Kishore.
8. It is submitted that as per the Rent Agreement executed between the plaintiff and the defendant, the tenancy period has been expired and the defendant did not pay 12 months arrears of rent and not handover the peaceful possession of the suit property to the plaintiff despite making repeated requests and demands made by the plaintiff to the defendant. The defendant also did not pay the electricity bill and water bill of the above said suit property to the concerned authority or the plaintiff till today and the huge amount is pending against the defendant.
9. It is submitted that due to the above said acts, the plaintiff no longer wants to continue the tenancy of the defendant any further which is hereby terminated Under Section 106 of the Transfer of Property Act with effect from 06th February, 2024.
10. It is further submitted that the defendant is also liable to pay increase rent of the above said suit property at the rate of Digitally signed by ANKIT Civil Suit No. 334/24 Ex-parte Judgment dt. 10.09.2024 ANKIT MITTAL MITTAL Date:
2024.09.10 16:35:36 +0530 Page no. 4 of 10 10% per annum with effect from 06th February, 2024 as well as interest thereon, the accumulated arrears at the rate of 18% per annum.
11. It is averred in the plaint that the defendant has not paid the rent amount to the plaintiff since January, 2023 to till today except Rs.6,000/- which has been paid by the defendant to the husband of the plaintiff through Online and thereafter did not pay the rent to the plaintiff of suit property, hence plaintiff terminated the tenancy of defendant in the suit property. But, despite making several requests made by the plaintiff to the defendant, the defendant neither handed over the peaceful possession of the suit property to the plaintiff and the defendant also not cleared the pending arrears of rent as well as electricity and water charges. Thereafter, plaintiff has sent a legal notice dt. 06.02.2024 to the defendant, but said legal notice has been returned back with the remarks "Puchtach Karne par Pata nahin chala, puchtach jari". The defendant intentionally and deliberately avoided the service of the said legal notice.
12. It is further averred that the defendant is threatening the plaintiff that if the plaintiff will make any complaint before the police or file any case before the Court then the plaintiff shall face the dire Consequences.
13. It is submitted that the defendant is in illegal possession of the suit property and he is liable to be evicted from the suit property. The defendant is also liable to pay arrears of rent and also pay the electricity charges which are due against the defendant which has not been paid by the defendant till date. The defendant is also liable to pay pendentelite and future interest @ 18% per annum. It is further submitted that despite making Digitally signed Civil Suit No. 334/24 Ex-parte Judgment dt. 10.09.2024 ANKIT by ANKIT MITTAL MITTAL Date:
2024.09.10 16:36:14 +0530 Page no. 5 of 10 several requests made by the plaintiff to defendant, the defendant has not vacated suit property, thereafter the defendant is treated as trespasser. The defendant is also liable to pay the damages of Rs.10,000/- per month along with interest since 05th MARCH, 2024 to the plaintiff till the vacation of suit property and handing over the peaceful possession of the suit property to the plaintiff. Hence, plaintiff filed the present suit with the following reliefs:
(i) Grant a decree of Possession of the suit property i.e. House no. F-49-B, area measuring 40 sq. yards built up ground floor, consisting of two rooms, kitchen and joint latrine and bathroom, situated at gali no.10, Om Vihar extension, Uttam Nagar, New Delhi-110059, i.e. better shown in the RED Colour in Site Plan annexed with the plaint, in favour of plaintiff and against the defendant and directed the defendant to handover the peaceful vacant possession of suit property to the plaintiff;
(ii) Grant a decree of recovery of rent of Rs.86,400/- which are due against the defendant till date which have not been paid by defendant along with pendentelite interest @ 18% per annum to the plaintiff. The defendant may kindly be directed to pay the pending arrears/dues of the electricity and water charges of the Suit Property;
(iii) Pass a decree of Damages of Rs.10,000/- per month since MARCH, 2024 till the vacation of suit property in favour of the plaintiff and against the defendant;
(iv) Pass a Decree of Permanent Injunction in favour of plaintiff and against the defendant, his legal heirs, associates, nominees, agents, assignees, executors, administrators, servants or any other person on behalf of the defendant thereby directing them not to sell, alienate, mortgage, gift or create third party interest in the Digitally signed by ANKIT Civil Suit No. 334/24 Ex-parte Judgment dt. 10.09.2024 ANKIT MITTAL Date:
MITTAL 2024.09.10 16:36:23 +0530 Page no. 6 of 10 suit property i.e. House No.F-49-B, Area Measuring 40 Sq. yards Built Up Ground Floor, Consisting Of Two Rooms, Kitchen and Joint Latrine And Bathroom Situated At Gali No.10, Om Vihar Extension, Uttam Nagar, New Delhi- 110059;
(v) Cost of the proceedings also be awarded in favour of plaintiff and against the defendant.
14. Summons of the suit were served upon the defendant on 30.4.2024 and the right of defence of defendant was struck off and the defendant was proceeded ex-parte on 06.07.2024.
15. The plaintiff examined herself as PW1. In her testimony, PW1 tendered her evidence by way of affidavit being Ex.PW1/1 and she reiterated the contents of the plaint and also relied upon the following documents:
1) Photocopy of Aadhar Card is marked as Mark X. (Ex.PW1/A is de-exhibited).
2) Photocopies of ownership documents of the suit property is Ex.PW1/B (colly). (OSR).
3) Photocopy of the rent agreement dt. 16.7.2021 is Ex.PW1/C. (OSR)
4) Photocopy of rent agreement dt. 12.09.2022 is Ex.PW1/D. (OSR)
5) Office copy of legal notice dt. 6.2.2024 is Ex.PW1/E.
6) Photocopy of Speed Post receipt is Ex.PW1/F.
7) Returned envelop is Ex.PW1/G.
8) Site plan of the suit property is Ex.PW1/H.
16. No Cross examination was done as the defendant had already been proceeded ex parte. PE was closed on 22.08.2024 and ex-parte final arguments were heard.
17. During the Ex-parte arguments, Ld. Counsel for plaintiff Civil Suit No. 334/24 Ex-parte Judgment dt. 10.09.2024 Digitally signed by ANKIT ANKIT MITTAL Date:
MITTAL 2024.09.10 16:36:30 +0530 Page no. 7 of 10 adverted to documents as mentioned in the evidence affidavit. He further relied upon the legal notice. He further submitted that though the defendant appeared in the present matter, however, he did not file the WS, therefore, he was proceeded ex-parte. Thus, the suit of the plaintiff should be decreed as the testimony of PW1 remain uncontroverted along with the corroborative evidence on the record.
18. Heard. Perused. Considered.
19. My findings as per reliefs sought by the plaintiff as follows:
Prayer (i) Grant a decree of Possession of the suit property i.e. House no. F-49-B, area measuring 40 sq. yards built up ground floor, consisting of two rooms, kitchen and joint latrine and bathroom, situated at gali no.10, Om Vihar extension, Uttam Nagar, New Delhi-110059, i.e. better shown in the RED Colour in Site Plan annexed with the plaint, in favour of plaintiff and against the defendant and directed the defendant to handover the peaceful vacant possession of suit property to the plaintiff.
20. Ld. counsel for the defendant had submitted that the defendant has vacated the suit property with his belongings in the month of January 2024 and the statement of ld. Counsel for defendant was recorded to this effect on behalf of defendant on 28.5.2024 and same has not been refuted by the plaintiff's side, while the aforesaid statement was being recorded. Accordingly, the relief of possession was satisfied during the course of Court proceedings of the present case. Hence, the relief of possession in the present suit is rendered infructuous.
Prayer (ii) Grant a decree of recovery of rent of Rs.86,400/- which are due against the defendant till date which have not been paid by defendant along with pendentelite interest @ 18% per annum to the plaintiff. The defendant may kindly be directed to pay the pending arrears/dues of the electricity and water charges of the Suit Property. ANKIT Digitally signed by ANKIT MITTAL Date: MITTAL 2024.09.10 16:36:39 +0530 Civil Suit No. 334/24 Ex-parte Judgment dt. 10.09.2024 Page no. 8 of 10
21. It is the stand of the plaintiff that the suit property was let out to defendant at a monthly rent of Rs. 6000/- initially from 16.07.2021 for a period of 11 months and rent deed was registered between the parties which is Ex PW1/C(OSR). Further, PW1 has deposed that the tenancy period was further extended on 16.6.2022 at the enhanced rent of Rs.6,600/- per month excluding electricity and water charges for a period of 11 months and rent deed was registered between the parties on 12.09.2022 which is Ex.PW1/D (OSR). Further more, PW1 deposed that the defendant stopped paying the rent and arrears of rent accumulated from the period of January 2023 to January 2024 except defendant paid the rent amount of Rs.6000/- through online for the month of June, 2023. It was also deposed that plaintiff by way of legal notice Ex. PW1/E terminated the tenancy of defendant calling upon them to vacate the suit property within 30 days. Significantly, the defendant though appeared, however did not participated in the Court proceedings, however, it was stated on his behalf that the suit property has been vacated in the month of January which has not been challenged by the plaintiff's side while the aforesaid statement was being recorded. Thus, the testimony of plaintiff is being appreciated qua the quantum of rent in the light of above discussion. Therefore, rent calculated @ Rs. 6600/- per month, the arrears of rent from January 2023 to January 2024 and after adjusting admitted payment of Rs.6,000/- for the month of June 2023, the total amount comes to Rs.73,200/- to which plaintiff is held entitled. No evidence was led or pleadings were made qua the amount pending on account of electricity and water charges, therefore same cannot be quantified. Accordingly, same is denied to the plaintiff. This issue is thus decided in favour of the plaintiff Digitally signed by ANKIT Civil Suit No. 334/24 Ex-parte Judgment dt. 10.09.2024 ANKIT MITTAL Date:
MITTAL 2024.09.10 16:36:47 +0530 Page no. 9 of 10 and against the defendant.
Prayer (iii) Pass a decree of Damages of Rs.10,000/- per month since MARCH, 2024 till the vacation of suit property in favour of the plaintiff and against the defendant.
22. It is well settled law that the status of the defendant after the termination of tenancy becomes that of an illegal occupier.
And in the present case, the tenancy was terminated by the plaintiff vide legal notice dated 06.02.2024. However, since the premises was already vacated by the defendant in the month of January 2024 i.e. prior to service of notice qua his termination, therefore, plaintiff is not entitled to the damages @ Rs. 10,000/- from the month of March 2024 till the handing over of vacant possession of the suit property. The issue no. 3 is accordingly decided against the plaintiff.
Prayer (iv) Pass a Decree of Permanent Injunction in favour of plaintiff and against the defendant, his legal heirs, associates, nominees, agents, assignees, executors, administrators, servants or any other person on behalf of the defendant thereby directing them not to sell, alienate, mortgage, gift or create third party interest in the suit property i.e. House No.F-49-B, Area Measuring 40 Sq. yards Built Up Ground Floor, Consisting Of Two Rooms, Kitchen and Joint Latrine And Bathroom Situated At Gali No.10, Om Vihar Extension, Uttam Nagar, New Delhi- 110059.
23. In the light of above discussion, since the physical possession of the suit property was handed over to the plaintiff, therefore, issue no.4 is rendered infructuous.
Relief
24. In view of the above discussion, the suit of the plaintiff stands decreed. Defendant shall pay a sum of Rs.73,200/- to the plaintiff alongwith interest @ 8 % per annum from the date of institution of the present suit till its actual realization.
25. Costs of the suit are also awarded in favour of plaintiff. Civil Suit No. 334/24 Ex-parte Judgment dt. 10.09.2024 Digitally signed by ANKIT ANKIT MITTAL MITTAL Date:
2024.09.10 16:36:55 +0530 Page no. 10 of 10
26. Decree sheet be drawn accordingly on payment of deficient court fees, if any.
27. File be consigned to record room after due compliance.
ANNOUNCED IN THE OPEN COURT Digitally signed by ANKIT ANKIT MITTAL ON 10.09.2024 MITTAL Date: 2024.09.10 16:37:03 +0530 (ANKIT MITTAL) CIVIL JUDGE-01(SW)/DWARKA COURTS NEW DELHI Civil Suit No. 334/24 Ex-parte Judgment dt. 10.09.2024