Interim Order 4

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. HEM SINGH, DISTRICT JUDGE-01,
(EAST), KARKARDOOMA COURTS, DELHI
CS No. 279/2025
CNR No. DLET010023632025
In the matter of:
Manju Bala Aggarwal
W/o Sh. Kamal Aggarwal
R/o 194, 1st Floor
Dayanand Vihar,
Delhi-92
.........Plaintiff
VS.
Raman Gambhir @ Raman Kumar Gambhir
S/o Late Sh. Dharambir Gambhir
R/o H. no. 11094,
Gali no. 2,
Near Prem Dhaba,
East Park Road,
Karol Badh,
Delhi-110005
.........Defendant
Date of Institution of the suit : 16.05.2025
Date of filing of application u/O : 12.09.2025
XII Rule 6 of CPC
Date of disposal of application : 13.10.2025
CS No. 279/2
	Manju
	Page no. 1 of 6
Vs
Raman Gambhir alias Raman Kumar Gambhir and others
-- 1 of 6 --
ORDER ON APPLICATION UNDER ORDER XII RULE 6
READ WITH SECTION 151 OF CPC
(1) Vide this order, I shall dispose of an application u/O XII
Rule 6 r/w section 151, The Code of Civil Procedure, 1908
(hereinafter referred as ‘CPC’) filed by the plaintiff.
(2) The plaintiff filed the present suit for possession, mesne
profit and user charges and permanent injunction against the
defendant in respect of Freehold Flat no. F-7, Second Floor, having
a covered area of 96.65 sq.mts, situated in FRIENDS
COOPERATIVE GROUP HOUSING SOCIETY LIMITED, built
on plot no. 49, known as FRIENDS APARTMENT, I.P. Extension,
Patparganj, Delhi-110092 (hereinafter called the suit property).
(3) Brief facts of the case:
a) The plaintiff is a lawful owner of the aforesaid suit
property. On request of the defendant he was inducted as a tenant in
the suit property and a duly registered rent agreement dated
01.02.2022 was executed, whereby, it was agreed that the defendant
would pay a monthly rent of Rs. 23,500/- to the plaintiff. The said
tenancy was again renewed by executing notarized rent agreement
dated 15.02.2024. After expiry of the extended period of the
tenancy, the defendant refused to vacate the suit property and sent a
false and baseless legal notice dated 24.03.2025. In the aforesaid
legal notice, the defendant had admitted the landlord-tenant
relationship with the plaintiff in respect of the suit property. It is
CS No. 279/2
	Manju
	Page no. 2 of 6
Vs
Raman Gambhir alias Raman Kumar Gambhir and others
-- 2 of 6 --
further stated that despite expiry of the tenancy period, the
defendant is still occupying the suit property. Therefore, the present
suit is filed by the plaintiff seeking relief of possession, mesne
profit and user charges and permanent injunction .
b) The defendant filed his Written statement wherein, he
has not denied the fact that he was inducted as tenant in the suit
property. The execution of registered rent agreement dated
01.02.2022 as well as notarized rent agreement dated 15.02.2024 is
also not disputed by the defendant. Rather the defendant has taken
the stand that the rent upto July, 2025 has been paid by him to the
plaintiff. It is the case of the defendant that there were various
defects in the suit property and the defendant had incurred huge
amount in repair of the suit property.
c) The plaintiff moved the instant application u/O XII Rule
6 r/w section 151 CPC on 12.09.2025, stating that the defendant has
not disputed the ownership of the plaintiff over the suit property.
The rent of the suit property as well as rent agreement dated
01.02.2022 are also not disputed by the defendant. The receipt of
legal notice dated 29.03.2025 is also not denied by the defendant.
A prayer is made to pass a decree of possession in favor of the
plaintiff and against the defendant and directions be issued to the
defendant vacate the suit property and pay out the outstanding rent
dues.
d) The copy of aforesaid application was already supplied to
CS No. 279/2
	Manju
	Page no. 3 of 6
Vs
Raman Gambhir alias Raman Kumar Gambhir and others
-- 3 of 6 --
the Ld. Counsel for the defendant on 10.09.2025. However, till date
reply to the aforesaid application not filed by the defendant.
(4) Record perused. Considered.
(5) The law with regard to judgment on admission under
order XII Rule 6 CPC in respect of recovery of possession of
tenanted property by landlord from tenant is no more res integra in
view of law laid down by Hon'ble Supreme Court of India as well
as various Hon’ble High Courts.
(6) The Hon'ble Supreme Court of India in a case titled as
Payal Vision Ltd. Vs. Radhika Choudhary (2012) 11 Supreme
Court Cases 405 has held that:-
“7. In a suit for recovery of possession from a
tenant whose tenancy is not protected under the
provisions of the Rent Control Act, all that is required to
be established by the plaintiffs landlord is the existence
of the jural relationship of landlord and tenant between
the parties and the termination of the tenancy either by
lapse of time or by notice served by the landlord under
Section 106 of the Transfer of Property Act. So long as
these two aspects are not in dispute the court can pass a
decree in terms of Order 12 Rule 6 CPC."
(7) Hon'ble High Court of Delhi in a case titled as Atma Ram
Properties Pvt. Ltd. Vs. Pal Properties Pvt. Ltd. & Ors. 2002 (62)
DRJ 623 held that in order to succeed in the suit for possession, the
plaintiff has to prove the following ingredients:-
a) That there is relationship of landlord and tenant
between the parties.
CS No. 279/2
	Manju
	Page no. 4 of 6
Vs
Raman Gambhir alias Raman Kumar Gambhir and others
-- 4 of 6 --
b) Tenancy in respect of the premises has come to an end
either by efflux of time or by a valid notice sent by the
plaintiffs to the defendant under Section 106 of the
Transfer of Property Act and duly served on the
defendant.
c) The rent of the premises in question is more than
Rs.3,500/- per month and therefore, there is no protection
of the provisions of Delhi Rent Control Act available to
the tenant.
(8) In present case the defendant has categorically admitted
that he is occupying the suit property as a tenant under the tenancy
of plaintiff. The registered rent agreement dated 01.02.2022 as well
as notarized rent agreement dated 15.02.2024 are also admitted by
the defendant. Defendant has taken stand that he has incurred huge
expenses in repair of the suit property, however, in view of the
admissions made by the defendant the said stand of the defendant
would not bar this court from passing judgment on admission u/O
XII Rule 6 CPC.
(9) A Division Bench of Hon’ble High Court of Delhi in
"Amit Kumar Vs. Anoop Kumar" FAO (OS) 589/2015 & CM
No.24212/2015, decided on 23.11.2015 held that the court while
considering the applicability of Order XII Rule 6 of CPC has to
consider whether the so called defence raised by the defendant is
plausible or is completely sham. It was observed in the matter that
merely because the defendant denies the claim of the plaintiff, it
would not ipso facto imply that there is a defence raised by the
defendants that requires framing of issues and relegate the parties to
trial. It was held that merely because defendant raises some dispute,
CS No. 279/2
	Manju
	Page no. 5 of 6
Vs
Raman Gambhir alias Raman Kumar Gambhir and others
-- 5 of 6 --
it cannot be said that there is no unequivocal admission.
(10) It is not the case of the defendant that he is entitle for
protection under Delhi Rent Control Act, 1958 or under any other
special law. The tenancy/unauthorized occupation of the defendant
in the suit property has already been terminated by the Plaintiff by
sending legal notice dated 29.03.2025.
(11) In view of the above said discussion and law laid down
by Hon'ble Supreme Court as well as Hon'ble High Court of Delhi
and the admissions made by the defendant in his written statement,
it is held that plaintiff is entitled recovery of possession of the suit
property i.e. Freehold Flat no. F-7, Second Floor, having a covered
area of 96.65 sq.mts, situated in FRIENDS COOPERATIVE
GROUP HOUSING SOCIETY LIMITED, built on plot no. 49,
known as FRIENDS APARTMENT, I.P. Extension, Patparganj,
Delhi-110092. Accordingly, the suit of the plaintiff is decreed to the
extent thereby directing the defendant to handover the vacant
peaceful possession of the suit property to the plaintiff immediately.
Decree-sheet shall be drawn in accordance with this order
passed today.
Announced in the open
Court on 13.10.2025 (Hem Singh)
District Judge-01
(East)/KKD/Delhi
CS No. 279/2
	Manju
	Page no. 6 of 6
Vs
Raman Gambhir alias Raman Kumar Gambhir and others
-- 6 of 6 --