Bhupinder Kalra v. Paramjit Kaur & Ors

RAJIV SAHAI ENDLAW, J. SEPTEMBER 29, 2016

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*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:29th September, 2016 + RFA 60/2016 & CM No.3975/2016 (for filing additional documents) BHUPINDER KALRA ..... Appellant Through: Mr. K.C. Mittal & Ms. Ruchika Mittal, Advs. Versus PARAMJIT KAUR & ORS ..... Respondents Through: Mr. Anil Gera, Adv. CORAM:- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree dated 8th October, 2015 [of the Court of the Additional District Judge (ADJ)-05 (West), Tis Hazari Court, Delhi in CS No.1439/2011 (Unique ID No.02401C0338702011)] of ejectment of the appellant from the shops on first and second floors above the shop bearing no. 4, WZ-296, G-Block, Jail Road, Hari Nagar, New Delhi and for recovery of Rs.4,30,000/- towards arrears of rent and of Rs.30,000/- per month towards damages/use and occupation charges w.e.f. June, 2011 till the delivery of possession. 2. The appeal came up first before this Court on 3rd February, 2016 when on being told that CM(M) No.872/2015 preferred by the appellant against the order in the suit from which this appeal arises closing the right of the appellant to cross examine the witnesses of the respondents/plaintiffs was also pending consideration, the appeal was ordered to be listed along with the said CM(M) No.872/2015. However it appears that CM(M) No.872/2015 was disposed of on 11th February, 2016 i.e. before this appeal could be listed therewith. Accordingly, notice of this appeal was issued and Trial Court record requisitioned. The appeal, on 3rd March, 2016 was admitted for hearing and considering the nature of the controversy, was posted for hearing on actual date and subject to the appellant/depositing the entire decretal amount due towards mesne profits i.e. Rs.4,30,000/- plus Rs.30,000/- per month w.e.f. June, 2011 till March, 2016 execution was stayed. Vide subsequent order dated 28th March, 2016 the appellant was permitted to deposit Fixed Deposit Receipt (FDR) in the name of the Registrar General of this Court on the condition that the interest on the FDR shall accrue to the benefit of the final order and will not be credited to the account of the appellant. 3. The counsels were heard on 2nd May, 2016, 9th May, 2016 and 11th May, 2016 and judgment reserved. 4. The respondents no.1,3&4 namely Smt. Paramjit Kaur, Sh. Darpreet Singh and Smt. Simran Kaur (respondent no.2 Sh. Hardev Singh is the husband of the respondent no.1 Smt. Paramjit Kaur and was not a party to the suit and appears to have been erroneously impleaded) instituted the suit from which this appeal arises, pleading (i) that the respondents/plaintiffs had earlier let out the ground floor shop no.4, WZ-296, G-Block, Jail Road, Hari Nagar, New Delhi to the appellant/defendant on 15th February, 2003 and which tenancy was renewed from time to time and the last registered Tenancy Agreement was dated 20th March, 2009 and the last paid rent of the said shop was Rs.35,000/- per month; (ii) that the respondents/plaintiffs had separately sued the appellant/defendant for ejectment from the said ground floor shop; (iii) that the appellant/defendant, after taking the ground floor shop on rent, requested the respondents/plaintiffs to construct two new additional shops on the first floor and second floor of the said ground floor shop and to which the respondents/plaintiffs agreed; (iv) that the respondents/plaintiffs let out the two new additional shops on the first and second floors to the appellant/defendant from 1st July, 2009 on a rent of Rs.30,000/- per month; (v) that the appellant/defendant paid the rent of the said first and second floor shops up to 31st March, 2010 and stopped paying rent w.e.f. 1st April, 2010; and, (vi) that the respondents/plaintiffs vide notice dated 3rd May, 2011 determined the tenancy of the appellant/defendant of the said first floor and second floor shops but the appellant/defendant had failed to vacate the same. A