Final Order 16

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. VIVEK BENIWAL
SENIOR CIVIL JUDGE-CUM-RENT CONTROLLER, EAST,
KARKARDOOMA COURTS, DELHI.
CS No.129/2023
CNR NO. DLET03-000262-2023
In the matter of :-
Sh. Sazzak Ali
S/o Mustak Ali
R/o A-10, Gali No. 3, New Brijpuri,
Krishna Nagar, Delhi-110051
…….. Plaintiff
Versus
Ms. Shahnaz
W/o Mohd. Asif,
H. No.126, Khureji Khas,
Delhi-110051
Mr. Asif
S/o Ahmad Hasan
R/o H. No.126, Khureji Khas,
Delhi-110051
.........Defendants
SUIT FOR RECOVERY OF Rs. 1,75,000/-(RUPEES ONE LAKH
SEVENTY FIVE THOUSAND ONLY).
Date of Institution : 10.02.2023
Date of judgment: : 06.01.2026
JUDGMENT
CASE AS PER PLAINT
1. The plaintiff had entered into Registered Lease Deed dated
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01.01.2021 with the defendant no.1 in respect of lease of property i.e.
24/1, 2nd Floor, Chawla Park, Chandar Nagar, Delhi-110051 ad.
Measuring 70 Sq. Yards (hereinafter referred as the ‘suit property’) for
a period of 22 months commencing from 28.12.2020 to 27.10.2022,
for which interest free refundable security amount of Rs.6,75,000/-
(Six Lakhs Seventy Thousand only) was given by the plaintiff to the
defendant no.1 in the presence of defendant no.2 wherein defendant
no.1 is the wife of defendant no.2.
2. In the middle of the lease deed plaintiff was under the forced to
vacate the tenanted property, as there was loan outstanding against the
tenanted property which the defendants have taken from a bank and
said loan against the property was declared NPA by the bank
concerned and subsequent to that NPA, the possession of the tenanted
property was taken over by the Bank under the proceedings of
SARFAESI Act on 25.07.2022.
3. Above mentioned incident was immediately reported to the
defendants by the plaintiff and on much request of the plaintiff part
security amount of Rs.5,00,000/- (Rs. Five Lakhs only) under the
lease deed dated 01.01.2021 was returned against receipt to the
plaintiff by the defendants jointly and the balance security amount of
Rs.1,75,000/- (Rs. One Lakh Seventy Five Thousand only) was
promised by the defendants to be returned jointly and severally to the
plaintiff in the month of December, 2022. In pursuance to the above
promise, the defendant no.2 issued four post-dated cheques bearing
no. 729994 dated 10.12.2022 amounting to Rs.50,000/-, 729997 dated
20.12.2022 amounting to Rs.50,000/-, 729995 dated 25.12.2022
amounting to Rs.25,000/- respectively, all drawn on Syndicate Bank,
Branch- Nirman Vihar, Delhi-110092, amounting to Rs.1,75,000/-
with an assurance that the above said cheques will be cleared on
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presentation.
4. Accordingly, the above said cheques were presented by the
plaintiff with his bank Union Bank of India, Branch- Laxmi Nagar,
Delhi-110092, for encashment on 03.01.2023, but to the utter shock to
the plaintiff the same were dishonored and returned by bank with the
reason that the said cheques were old cheques no more in use and
circulation in the banking system. The above factum of return of
cheques were brought into the knowledge of the defendants, but
despite of returning the balance security amount of Rs.1,75,000/- to
the plaintiff, the defendants blatantly refused to return the said
amount.
5. The plaintiff has sent a legal notice dated 13.01.2023
demanding the balance security amount of Rs.1,75,000/- through
speed post dated 16.01.2023 which were received by the defendants
on 24.01.2023, but the defendants have failed to make the balance
payment to the plaintiff. Hence, the present suit is filed.
PRELIMINARY PROCEEDINGS
6. Summons of the suit were issued to the defendants received
back unserved. RC also received back unserved after that summons
served by way of affixation. Considering the reports, the plaintiff is
directed to file an affidavit verifying the address of the defendants
after conducting a local inquiry on 02.07.2024. Plaintiff has filed an
affidavit reaffirming the address of the defendants. An application
under Order V Rule 20 CPC is filed by the plaintiff for service of
summons upon the defendants through publication. Summons issued
received back duly served by way of publication in newspapers ‘Veer
Arjun’ and ‘Statesman’. Summons issued received back duly served
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through whatsapp. Defendant were granted permission to file WS
within two weeks vide order dated 18.12.2024. Further, WS filed on
behalf of the defendant on 08.07.2025 but the same was not taken on
record by the Court, however, no application for condonation of delay
has been filed by the defendant. In view of the same, defense of the
defendant is struck off. This court also finds that elements of
settlement are present in the instant case. Accordingly, the matter is
referred to Mediation Cell, Karkardooma Courts, Delhi on
14.07.2025. Matter could not be settled in Mediation Centre.
PLAINTIFF’S EVIDENCE
7. In order to prove the case of the plaintiff, plaintiff stepped into
the witness box as PW1 and filed his examined-in-chief evidence by
way of affidavit which was exhibited as Ex.PW1/A wherein he
reiterated and reaffirmed the contents of the plaint. PW-1 also relied
upon the following documents:-
a) Original cheques bearing no. 729994, 729995, 729996
and 729997 of Syndicate Bank, Nirman Vihar Branch,
Delhi which is exhibited as Ex. PW1/A(colly);
b) Copy of lease deed dated 01.01.2021 which is Mark A;
c) Cheques returning memo which is exhibited as
Ex.PW1/B;
d) Legal notice dated 13.01.2023 which is exhibited as
Ex.PW1/C;
e) Speed Post received which is exhibited as Ex.PW1/D;
and
f) Tracking report which is exhibited as Ex. PW1/E.
8. The Plaintiff’s evidence was concluded on 16.10.2025 vide
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separate statement of Plaintiff. Case file has been perused.
Submissions already made have been considered. My findings and
observations on facts in issue are delineated hereinafter.
FINDINGS & CONCLUSION
9. Defendants were granted permission to file WS within two
weeks vide order dated 18.12.2024. Further, WS filed on behalf of the
defendant on 08.07.2025 but the same was not taken on record by the
Court.
10. The testimony of PW-1 has remained unrebutted and
uncontroverted. Moreover, the case of the Plaintiff is based on and is
substantiated by documentary evidence. In view of the unrebutted and
uncontroverted evidence adduced by the Plaintiff, the Court holds that
the present suit is disposed in favour of the Plaintiff and against the
Defendant for sum of Rs.1,75,000/-.
11. The Plaintiff has claimed Pendente-Lite and Future interest @
18% per annum from the date of filing of the suit till the realization of
the amount in question. However, the interest rate is on the higher
side. Therefore, reasonable interest @ 10% per annum is granted from
filing of the suit till the date of realization of Rs.1,75,000/-.
Subsequent payments, if any, made by the Defendants shall be duly
credited in the decretal amount. Costs of the suit is also awarded in
favour of the Plaintiff, as per rules.
RELIEF
12. A decree for sum of Rs.1,75,000/- is passed in favour of the
Plaintiff and against the Defendants along with interest @ 10% per
annum from the date of filing of the suit till the date of realization of
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the same. The cost of the suit is also awarded against the Defendant,
as per rules. Deficient court fee, if any, be deposited at the time of
execution. Decree-sheet be prepared accordingly. File be consigned to
Record Room after due compliance.
Announced in open court
on this 06th January, 2026
Vivek Beniwal
Senior Civil Judge-cum-RC (East)
Karkardooma Courts, Delhi
This judgment consists of 6 pages and each and every page of this
judgment is signed by me.
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