IN THE COURT OF Ms. REKHA RANI DISTRICT & SESSIONS JUDGE (WEST) : DELHI [CASE NUMBER] Unique Case ID No.02401C0511352015 M/s. [ENTITY] Estate Pvt. Ltd. Through its Director Shri [ENTITY] Having its registered office at : BUNGLOW NO. 4 West Patel Nagar New Delhi-110008. . . . . [PRECEDENT] w/o Shri [ENTITY] r/o Bunglow No.4, Second Floor West Patel Nagar, New Delhi-110008. Also At : M/s. Diamond Beauty Care Near Subhash Jwellers 31, Main Market, West Patel Nagar New Delhi-110008. . . . . Defendant Date of Institution : 26.09.2015 Date of reserving the order : 02.03.2016 Date of pronouncement : 02.03.2016 JUDGMENT
1. Plaintiff has interalia sought possession of premises i.e. Second Floor of property bearing Bunglow No.4, West Patel Nagar, New Delhi as shown in red colour in site plan (in short, 'suit property') interalia pleading that suit property was let out by the plaintiff to the defendant vide registered rent deed dated 24.02.2014 at monthly rent of Rs.35,000/- besides water and electricity charges, which was further renewed vide registered rent deed for 11 months w.e.f. 01.02.2015 to 30.12.2015. Further it is submitted that in terms of rent agreement dated 04.02.2015, defendant handed over 11 cheques bearing Nos. 22533 to 225341 drawn on Axis Bank Ltd., Patel Nagar to the plaintiff towards payment of monthly rent. Further it is stated that as per the instructions of the defendant, three cheques bearing Nos. 225334, 225335 and 225336 all drawn on Axis Bank Ltd., Patel Nagar, New Delhi were presented towards rental for three months w.e.f. May, 2015, which were returned dishonoured by the bank of the defendant for the reasons "funds insufficient" vide return memo dated 30.07.2015. Accordingly, plaintiff sent legal notice dated 25.08.2015 whereby tenancy of the defendant was terminated.
Plaintiff has also prayed for a decree for restraining the defendant permanently from creating third party right in the suit property and also from using terrace space of the suit property as shown in green colour in the site plan.
The plaintiff has further prayed for a decree of Rs.1,57,000/- @ Rs. 35,000/- per month from May, 2015 to September, 2015 towards arrears of rent. He has further prayed for a decree of Rs. 50,000/- per month towards damages till filing of the suit and Rs. 5,000/- per day till handing over of physical possession of the suit property by the defendant.
2. Summons of the suit were served on the defendant who appeared and contested the suit vide her written statement wherein defendant has not denied the execution of rent agreement dated 24.02.2014 (para 5 of the written statement), which was admittedly renewed on 04.02.2015. However she stated that the rent agreement was signed by her under compelling circumstances as she had no other premises to live and as plaintiff had pressurized her that if she wanted to live in the suit property, she had to sign and execute the rent agreement.
3. I have heard Shri [ENTITY], Ld. counsel for the plaintiff and Shri [ENTITY], Ld. counsel for the defendant and perused the record.
4. In order to be entitled to decree for possession of the suit property under [SECTION] [ACT], the plaintiff has to prove the following three ingredients :-
that there exists jural relationship of landlord and tenant between the parties;
that the rental of suit property is more than Rs. 3,500/- per month; and that the tenancy stood determined by efflux of time or service of legal notice under [SECTION] of [ACT].
Admission Qua Existence Of Jural Relationship Of Landlord And Tenant Between The Parties
5. Plaintiff has pleaded that the defendant was inducted as tenant in the suit property vide registered rent agreement dated 24.02.2014 which was further renewed on 04.02.2015, qua which the defendant has admitted that plaintiff is her landlord. She has admitted that she signed the rent agreement dated 24.04.2015, which was renewed on 04.02.2015 although she stated that she signed the same under compelling circumstances as she had no other premises to live, which submission is quite irrational. The defendant ought to know the consequences of signing an agreement. She cannot wriggle out of the terms and conditions of the agreement by saying that she wanted the premises so she signed the rent agreement. The existence of jural relationship of landlord and tenant between the parties is therefore proved.
Admission Qua Rent Being More Than Rs.3,500/- Per Month
6. It is pleaded by the plaintiff that the tenanted premises was let out to the defendant at rental of Rs.35,000/- per month as per the rent agreement dated 24.02.2014, which was renewed on 04.02.2015. The defendant in her written statement has pleaded that the rate of rent was Rs.17,500/- per month, which was being received by the plaintiff till April, 2015. She has admitted that in the rent agreement, the rate of rent is mentioned as Rs.35,000/- per month. In view of rent agreement admittedly executed between the parties, the rate of rent is held to be Rs.35,000/- per month.
Admission Qua Termination of Tenancy As Per [SECTION] of [ACT]
7. Plaintiff has submitted that the lease was terminated vide service of legal notice dated 25.08.2015. The defendant in her written statement has denied receipt of any such notice. The legal notice dated 25.08.2015 is placed on record alongwith postal receipts showing dispatch of the same to the defendant by post for the date 26.08.2015 alongwith tracking report, which shows "item delivered".
8. In [PRECEDENT], the Hon'ble Apex Court has interalia held that :-
"It is well settled that filing of an eviction suit under the general law itself is a notice to quit on the tenant. Therefore, we have no hesitation to hold that no notice to quit was necessary under [SECTION] of the [ACT] in order to enable the respondent to get a decree of eviction against the appellant".
9. The Hon'ble High Court of Delhi in the case M/s.
[PRECEDENT]. in [CASE NUMBER] decided on 25.03.2011 while placing reliance on M/s. Nopany Investments (P) Ltd.(supra) held that :-
"Even assuming the notice terminating tenancy was not served upon the appellant (though it has been served and as held by me above) the tenancy would stand terminated on filing of the subject suit against the appellant/defendant".
10. It is settled judicial view that [SECTION] [ACT] must be invoked for speedy adjudication if effect of pleadings or documents and even inferences arising therefrom ([PRECEDENT]) call for the same.
11. In [PRECEDENT], Hon'ble High Court observed that [SECTION] [ACT] need to be invoked in public interest to ensure speedy disposal of cases.
12. As per the rent agreement dated 04.02.2015 admittedly executed between the parties, the rate of rent is Rs. 35,000/- per month and not Rs. 17,500/- per month as alleged by the defendant. In her written statement, the defendant has stated that she is ready and willing to pay rent w.e.f. May, 2015, which means rent as per the defendant is due from May, 2015.
13. In view of above, the civil suit bearing No. 47/2015 is hereby decreed under [SECTION] [ACT] for recovery of possession of the suit property i.e. Second Floor of property bearing Bunglow No.4, West Patel Nagar, New Delhi as shown in red colour in site plan. The plaintiff is also held entitled to recovery of arrears of rent @ Rs. 35,000/- per month w.e.f. May, 2015 till date. Decree sheet be prepared accordingly.
Announced in Open Court ( [ENTITY] ) today the 2nd day of District & Sessions Judge (West) March, 2016. Tis Hazari Courts/Delhi