Delhi High Court - Orders
Mrs.Uma Hada vs Mr.Sunil Gupta on 9 November, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 339/2020
I.A.10320/2020 (under Order XXXIX Rule 1 and 2 CPC)
MRS.UMA HADA ..... Plaintiff
Represented by: Mr. Muneesh Malhotra, Advocate
with Ms. Manpreet Kaur &
Mr. Aditya Malhotra, Advocates
versus
MR.SUNIL GUPTA ..... Defendant
Represented by:
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 09.11.2020 The hearing has been conducted through Video Conferencing. I.A.10321/2020 (exemption)
1. Exemption allowed subject to just exceptions.
2. Application is disposed of.
CS(OS) 339/2020 I.A.10320/2020 (under Order XXXIX Rule 1 and 2 CPC)
1. Plaint be registered as suit.
2. Issue summons in the suit and notice in the application to the defendant on the plaintiff taking steps through Email, SMS, Whatsapp, as also through speed post and courier, returnable before the learned Joint Registrar on 11th January, 2021 for completion of service, pleadings and admission-denial of documents.
Signature Not Verified Digitally Signed By:JUSTICECS(OS) 339/2020 PageGUPTA MUKTA 1 of 3 Signing Date:09.11.2020 19:36:54
3. List before the Court on 11th February, 2021.
4. Written statement to the suit and reply affidavit to the application along with affidavit of admission-denial be filed within 30 days.
5. Replication and rejoinder affidavit along with affidavit of admission- denial be filed within three weeks thereafter.
6. Case of the plaintiff is that the plaintiff is the owner of the suit property bearing No.W-6/19, Western Avenue, Sainik Farms, New Delhi- 110 062 for which the plaintiff entered into a Lease Agreement with the defendant on 25th August, 2016 for a period of three years w.e.f. 1st October, 2016 to 30th September, 2019. Since the defendant by his letter dated 20th September, 2019 expressed his intentions to extend the lease for further period of 13 months from 1st October, 2019 to 31st October, 2020 as he was not keeping well, the plaintiff agreed to it and the lease was extended for a further period of 13 months. Further the defendant also agreed to enhance the rent from ₹2,00,000/- to ₹2,30,000/- per months. Since by efflux of time the tenancy has come to an end, the defendant is required to vacate the suit property. Further, the lease deed being an unregistered document, the tenancy would be treated on month to month basis.
7. Case of the plaintiff is that the plaintiff and her husband are senior citizens. Defendant is neither vacating the suit property so that they can lease it out to someone else not paying the rent. In any case on efflux of time the defendant is liable to vacate the suit property.
8. In response to the notice of termination dated 16th September, 2020 sent by the plaintiff the defendant despite specific admissions of tenancy in the past has taken the false plea that an oral Agreement to Sell was entered into between the plaintiff and defendant in respect of sale of the suit Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 339/2020 PageGUPTA MUKTA 2 of 3 Signing Date:09.11.2020 19:36:54 property to the defendant for a total sale consideration of ₹2,50,000,000/- out of which ₹1,00,00,000/- was paid by way of cash.
9. Considering the averments in the plaint and the nature of documents filed with the plaint, the plaintiff has made out a prima facie case in her favour and in case no ex parte ad interim injunction is granted the plaintiff would suffer an irreparable loss. The balance of convenience also lies in favour of the plaintiff and against the defendant.
10. Consequently, the defendant is directed to continue to pay a sum of th ₹2,30,000/- per month to the plaintiff on or before 5 of every Calendar month being the last agreed rent and is further restrained from creating any third party right in the suit property till the next date of hearing.
11. Compliance under Order XXXIX Rule 3 CPC be done within one week.
12. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
NOVEMBER 09, 2020 vk Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 339/2020 PageGUPTA MUKTA 3 of 3 Signing Date:09.11.2020 19:36:54