Delhi District Court Sh. Deepak Arora vs Mrs. Namisha Khanna on 7 August, 2020 Deepak Arora & Ors. V. Namisha Khanna IN THE COURT OF SH. ARUN SUKHIJA, ADDITIONAL DISTRICT JUDGE 07, (CENTRAL DISTRICT) TIS HAZARI COURTS, DELHI. RCA NO. : 39/2020 UNIQUE CASE ID NO.: 65/2020 IN THE MATTER OF : 1. Sh. Deepak Arora S/o Sh. J.K. Arora R/o 2/7, 1st Floor, Indra Vikas Colony, Mukherjee Nagar, Delhi110009. Also at: Chamber No. 504, Civil Wing, Tis Hazari Courts, Delhi110054. 2. Sh. Sukhwinder Singh S/o Sh. Darshan Singh R/o 279, Dhakka Jor, Near Kingsway Camp, Delhi110009. Also at: Chamber No. 504, Civil Wing, Tis Hazari Courts, Delhi110054. 3. Smt. Sonia Chopra Arora W/o Sh. Deepak Arora R/o 2/7, 1st Floor, Indra Vikas Colony, Mukherjee Nagar, Delhi110009. Also at: Chamber No. 504, Civil Wing, Tis Hazari Courts, Delhi110054. .... Appellants RCA No.39/2020 Page 1 of 23 Deepak Arora & Ors. V. Namisha Khanna VERSUS Mrs. Namisha Khanna W/o Mr. Mayank Khanna R/o H. No. 855, Street No.8, BBlock, Keshav Nagar, Delhi36. Presently at: 47, Milner Street Prospect, South Australia, 5082 Australia Through SPA Holder Sh. Vipin Khanna S/o Late Sh. Y.P. Khanna R/o B8/855, Keshav Nagar, Delhi110036. .... Respondent APPEAL UNDER SECTION 96 OF C.P.C. FOR SETTING ASIDE IMPUGNED JUDGMENT & DECREE PASSED BY LD. CIVIL JUDGE04 (CENTRAL), DELHI ON 16.05.2020 IN SUIT NO. 403/19 TITLED AS NAMISHA KHANNA VS. DEEPAK ARORA & ORS. Date of institution of the Appeal : 03.06.2020 Date on which Judgment was reserved : 23.07.2020 Date of Judgment : 07.08.2020 : J U D G M E N T: 1. The Appellants were defendants No.1 to 3 respectively and the respondent was Plaintiff before the Ld. Trial Court. The appellants and respondent are respectively referred in this Judgment according to the original status before the trial court. Vide order dated 15.02.2020 passed by the Ld. Trial Court, RCA No.39/2020 Page 2 of 23 Deepak Arora & Ors. V. Namisha Khanna the defendants No.4 to 7 were deleted. The Defendants/Appellants are dissatisfied with the Judgment and Decree dated 16.05.2020, passed by the Ld. Trial Court under Order 15 Rule 1 CPC, whereby, the Ld. Trial Court has decreed the suit in favour of the Plaintiff against Defendants no.1 to 3. 2. The Plaintiff/Respondent has filed a Suit for Possession, declaration, Permanent Injunction, arrears of rent and Mesne Profits against the Defendants/Appellants interalia alleging that the plaintiff is the owner of Chamber No. 504, Civil Wing, Tis Hazari Courts, Delhi (hereinafter referred to as the suit property). It is also alleged that the plaintiff let out the suit property to defendants no.1 and 2 vide Rent Agreement dated 04.03.2017 for a period of 11 months on a rent of Rs. 10,000/ per month. Upon expiry of the said 11 months, the defendants neither vacated the suit property nor paid any user charges despite repeated oral requests as well as written notice(s) dated 15.02.2018 from the plaintiff. 3. The defendants contested the suit by filing common written statement inter alia on the following grounds: (a) In the Written Statement, the defence taken by the defendants is that there is a general agreement dated 05.09.2017, which has allegedly been executed between the plaintiff and the defendant no. 2. As per the said agreement, defendant no. 2 gave a lump sum amount of Rs.3,50,000/ to the plaintiff as rent for the suit property for three years. Further, the fatherinlaw of the plaintiff agreed that the abovesaid alleged agreement is to come in force after the expiry of the original rent agreement, which was executed on 04.03.2017. The amount of Rs.3,50,000/ was handedover to the fatherinlaw of the plaintiff. Other RCA No.39/2020 Page 3 of 23 Deepak Arora & Ors. V. Namisha Khanna than this, the defendants are also relying upon an Email dated 04.02.2018 allegedly sent by the plaintiff to the defendant, whereby, the plaintiff is extending the tenancy till 04.11.2019. (b) Vide a Statement give