Delhi District Court Smt. Paramjit Kaur vs Sh. Bhupender Kalra on 10 January, 2014 1 IN THE COURT OF MS. SUJATA KOHLI ADDITIONAL DISTRICT JUDGE (WEST) TIS HAZARI : DELHI C.S. No.: 04/13 1. Smt. Paramjit Kaur W/o Sh. Hardev Singh 2. Sh. Hardev Singh S/o late Sh. Harbans Singh 3. Sh. Darpreet Singh S/o Sh. Hardev Singh 4. Mrs. Simran Kaur W/o Sh. Darpreet Singh All R/o G­20, G­Block, Hari Nagar, New Delhi. .....Plaintiffs VERSUS Sh. Bhupender Kalra S/o Sh. P.D. Kalra, Shop No.4, WZ­296, G­Block, Jail Road, Hari Nagar, New Delhi. ....Defendant 2 Date of filing the suit : 21.10.2010 Date of reserving the Judgment/Order : 17.12.2013 Date of passing the Judgment/Order : 10.01.2014 ORDER Vide this Order I shall dispose off an application filed by the plaintiff u/o 12 rule 6 CPC, praying therein for a decree of eviction/possession on the basis of admissions made by the defendant. 2 Plaintiff/landlord filed a suit for eviction and recovery of damages in respect of one shop no.4 on the ground floor of property no.WZ­296, G Block, Jail Road, Hari Nagar, New Delhi. The suit property i.e. the shop had been let out to the defendant on rent by way of a registered Rent Agreement starting from 15.02.2003 for a period of three years, at a monthly rent of Rs.25,000/­. The tenancy was renewed from time to time through registered rent agreement dated 22.03.06 and lastly on 20.03.09. As per the last registered rent agreement, the tenancy was extended for another 18 months from 20.03.09 at a monthly rental of Rs.35,000/­. The tenancy in question was monthly commencing from 15th of each English Calender month and ending on 14th of the next month of the English Calender. As per the last registered rent 3 agreement date 20.03.09, the tenancy was to expire by the mid night of 14.08.10. Vide Clause no.12 of the last rent agreement, it was specifically agreed that the tenancy will no more be renewed or extended at any costs. 3 However, by way of an abundant caution, the plaintiff also served the 'last' legal notice dated 25.09.10 terminating the tenancy of the defendant and thereafter since neither the premises was vacated nor there was any response to the notice, the present suit was filed. 4 Detailed WS was filed by the defendant, wherein he admitted that he was a tenant under the plaintiff in respect of the suit shop measuring 13 X 42 Sq.ft. Defendant also admitted the rent agreement dated 15.02.03 in all its terms and conditions. Defendant also admitted that as per the last rent agreement dated 20.03.2009, the tenancy was to expire at the end of 18 months and thus, on 14.08.2010 Defendant also admitted the due service of notice of termination of tenancy dated 25.09.2010. According to plaintiff, defendant seized to be a tenant w.e.f. 14.08.2010. 5 In view of the above admissions, plaintiff has prayed for a decree in his favour. 6 Defendant failed to file reply to this application in spite of 4 repeated opportunities. No arguments even were addressed on behalf of the non­applicant. However, only written submissions and additional written submissions were filed in lieu of oral arguments. 7 In the course of oral arguments addressed on behalf of applicant, ld. Counsel has taken the court through the relevant and specific paragraphs of the plaint and the corresponding specific paragraphs of the WS as filed. 8 No oral arguments were addressed and the written submissions in major part are not even relevant to the question requiring to be decided u/o 12 rule 6 CPC. Specific reference is had to the contents of paragraphs 1­7 of reply on merits. 9 Defendant in his WS has taken certain preliminary objections, firstly, that plaintiff has concealed material facts and further has taken certain self contradictory pleas including the plea regarding issuance of a legal notice dated 30.08.10 and also a notice dated 25.09.10. 10 The version of the defendant as per