Tenant's Appeal Dismissed: Court Upholds Possession Decree Based on Admissions in Rent Dispute.
02 December 2024
Dispute with Tenant/Landlord >> Property & Real Estate | Property/Real Estate Law >> Property & Real Estate
In a recent case of Gulshan Kumar vs Indy Soni, the appellant tenant has challenged the judgment passed by the Additional District Judge-4, Rohini, Delhi, which partly decreed the suit filed by the respondent for recovery of possession of the tenanted property under Order XII Rule 6 of the Civil Procedure Code (CPC). The respondent, the property owner, had filed a suit against the appellant for possession, arrears of rent, and damages, asserting that the appellant had been inducted as a tenant under a rent agreement dated 04.02.2021, but refused to vacate the property despite receiving a quit notice on 23.05.2022.
In response, the appellant admitted the tenancy and receipt of the quit notice but argued that a fresh rent agreement was executed on 10.05.2022, which stipulated a lower rent and included a clause for automatic renewal of the tenancy if the security deposit was not refunded. The appellant contended that the tenancy should continue as per this agreement, as the security deposit had not been refunded.
The trial court, however, partly decreed the suit under Order XII Rule 6 CPC, relying on the appellant's admissions regarding the tenancy, the rent, and the quit notice. The appellant’s objection about the refund of the security deposit was not seen as a valid ground to dispute the termination of tenancy. The court emphasized that issues regarding the security deposit and arrears of rent would be addressed separately in the ongoing proceedings. Consequently, the appeal was dismissed, and the trial court's judgment was upheld.