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JSCC-ASCJ-GJ/South East 2024.10.08 16:20:44 Delhi: 08.10.2024 Page 2 of 29 +0530 CS SCJ 1030/2022 Iqbal Mohd. Vs. Nazakat Hussain agreement dated 04.09.2016 was handed over to the defendant for his signature but the defendant kept the same with him. The plaintiff got issued a notice dated 07.10.2016 thereby calling upon the defendant to execute a fresh agreement and on continu- ous persuasion, the defendant signed the same only on 01.01 2019 i.e. after the efflux of eleven months. 2.2 It is asserted that the defendant is a habitual defaulter in making the payment of rent and lastly paid the rent for the month of June and July 2021 at the rate of Rs. 5,324/- p.m. on 14.02.2022 and thereafter again stopped making the payment of rent month by month.As per mutual understanding, the defendant was also liable to enhance the rent by 10% w.e.f. August 2020 but the defendant failed to do so. Hence, the defendant is liable to pay a sum of Rs. 63,888/- (Rupees sixty three thousand eight hundred and eighty eight only) towards arrears of rent w.e.f. 1st August 2021 till July 2022 alongwith interest @15% p.a. 2.3 It is further submitted that the plaintiff got issued a le-

2024.10.08 (Neetu Nagar) 16:20:47 JSCC-ASCJ-GJ/South East +0530 CS SCJ 1030/2022 Iqbal Mohd. Vs. Nazakat Hussain to comply with the same. On 03.07.2022, the plaintiff requested the defendant to pay entire arrears and to vacate the suit property but the defendant flatly refused to do so rather threatened the plaintiff that he will sublet, assign and/or part with the possession of the suit property to some third party illegally and unlawfully against huge premium. Hence, the present suit.

2024.10.08 16:20:51 JSCC-ASCJ-GJ/South East +0530 CS SCJ 1030/2022 Iqbal Mohd. Vs. Nazakat Hussain submitted that the plaintiff has given misinformation about the property in question.

4.1 It is submitted that in the month of July 2000, the defendant was inducted as a tenant in the suit property on a monthly rent of Rs. 2000/- excluding electricity and water charges. However, no rent agreement has been executed between the parties. It is averred that at the time of commencing the tenancy, the plaintiff took the signature of the defendant on some blank papers as security and the same are false and misused by the plaintiff. Since the inception of the tenancy, the defendant is regularly paying the agreed rent @ Rs. 2000/- per month to the plaintiff. However, the plaintiff wants to enhance the rent from Rs.2000/ - to Rs.5000/-. As such, the plaintiff has filed the present suit to pressurize the defendant for increasing of rent. 4.2 It is averred that there was an oral tenancy and no rent agreement has been executed between the plaintiff and the defen- dant.

37. Decree sheet be prepared accordingly. The decree qua pendentelite damages/ mesne profits shall not be prepared till balance court fee on the amount is paid. The amount already de- posited on behalf of the defendant as rent, if any, is to be de- ducted / adjusted from the amount of rent/mesne profits. There- after, file be consigned to record room.

                                                           Digitally
                                                           signed by
Announced in the open                                      NEETU
                                                     NEETU NAGAR
court today i.e. 08.10.2024                          NAGAR Date:
                                                           2024.10.08
                                                           16:23:10
(This judgment contains 29 pages                           +0530


signed by the undersigned)
                                                (Neetu Nagar)
                                           JSCC-ASCJ-GJ/South East
                                             Saket Courts: New Delhi




(Neetu Nagar)
JSCC-ASCJ-GJ/South East