Final Order 5

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF AASHISH GUPTA, DISTRICT JUDGE-01,
NORTH EAST, KARKARDOOMA COURTS: DELHI
CS 56/2026
CNR No: DLNE010005002026
In the matter of :-
Satish Chauhan
S/o Sh. Chandgi Ram
R/o J-194/95, New Seelampur,
Delhi-110053 .........Plaintiff
Versus
Anil Kumar
S/o Sh. Mirari Lal
R/o J-30, New Seelampur,
Delhi-110053 .........Defendant.
Date of institution : 12.02.2026
Arguments heard on : 08.10.2026
Date of Judgment : 08.10.2026
JUDGMENT
1. It is plaintiff's case he had inducted the defendant as a tenant in
his property bearing No. J-30, New Seelampur, Delhi-110053
having two room set on first floor (hereinafter referred as ‘suit
property’ and more specifically shown in site plan annexed to the
plaint).
2. The said tenancy initially commenced from 28.10.2023 at an
initial rent of Rs. 9000/- per month. This was vide agreement-1
dated 27.10.2023. This agreement came to an end by efflux of
time on 27.09.2024.
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3. Thereafter, parties entered into two other agreements i.e.
agreement-2 (dated 17.09.2024 for the period 28.09.2024 to
27.03.2025) and agreement-3 (dated 17.03.2025 for the period
27.03.2025 to 26.02.2026). The rate of rent agreed in the said
agreements was Rs. 9500/- per month.
4. It is plaintiff’s case that under the last agreement i.e. agreement-
3, it is recorded that an arrears of Rs. 1,17,000/- are due qua the
previous two agreements.
5. Plaintiff claims that the aforesaid money alongwith rent payable
under the third agreement was not paid to plaintiff and this led
him to terminate the tenancy of defendant vide legal notice dated
29.10.2025.
6. Plaintiff is thus before this Court seeking (a) possession of
tenanted premises; (b) arrears of rent amounting to Rs. 2,01,500/-
w.e.f 28.11.2023 calculated uptil 27.01.2026 (i.e. just before
filing of the present suit); and mesne profits @ Rs. 9,500/- per
month w.e.f. 28.01.2026 till possession is given to plaintiff.
7. Despite service, defendant never entered appearance to contest
the matter and remained ex-parte through out trial.
8. Plaintiff stepped in the witness box as PW-1 and placed on record
his affidavit in evidence Ex. PW1/A and proved on record the
following documents:
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S.No Exhibit/Mark Date of
Exhibit
Description of Exhibit
1. Ex. PW1/1 07.08.2026 Site plan.
2. Ex. PW1/2 07.08.2026 Rent agreement dated 27.10.2023.
3. Ex. PW1/3 07.08.2026 Second rent agreement dated
17.09.2024.
4. Ex. PW1/4 07.08.2026 Third rent agreement dated 17.03.2025.
5. Ex. PW1/5 07.08.2026 Aadhar Card of plaintiff.
6. Ex. PW1/6 07.08.2026 Legal notice dated 29.10.2025.
7. Ex. PW1/7 07.08.2026 Postal receipt.
8. Ex. PW1/8 07.08.2026 Aadhar card of Anil Kumar
9. I have heard arguments advanced by Ld Counsel for plaintiff and
have carefully perused the record.
10. Plaintiff has proved on record the three rent agreements i.e.
agreement-1/Ex.PW1/2, agreement-2/Ex. PW1/3 and agreement-
3/Ex. PW1/4, as per which the suit property was given on rent of
defendant.
11. Thus, based on the said documents, it is abundantly clear that Anil
Kumar entered the suit property as a tenant and started occupying
the suit property.
12. This tenancy was eventually terminated vide legal notice
Ex.PW1/6 dated 29.10.2025. The last rent as proved on the record
was Rs. 9500/- per month. Thus, defendant is not a protected
tenant under the provisions of Delhi Rent Control Act, 1958.
13. The testimony of plaintiff including the document placed
on record have gone unrebutted and unimpeached. There
is nothing before this Court to disbelieve the said
facts/documents. The testimony of plaintiff/PW-1 is found
to be cogent, consistent and credible. Defendant did not
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appear before this Court to give his version of events.
Thus, considering the aforesaid facts and keeping in mind
that the entire evidence of plaintiff has gone unrebutted,
plaintiff is entitled to following reliefs:
Reliefs:
1. Plaintiff is entitled to a decree of possession in respect of suit
property i.e. property bearing No. J-30, New Seelampur,
Delhi-110053 having two room set on the first floor.
2. Plaintiff is entitled to recovery of arrears of rent amounting
to Rs. 2,01,500/- w.e.f 28.11.2023 calculated uptil
27.01.2026 (i.e. just before filing of the present suit).
3. Plaintiff is also entitled to recover mesne @ Rs. 9,500/- per
month w.e.f. 28.01.2026 till possession is given to plaintiff
4. Cost of the suit is also awarded to plaintiff.
14. Let a decree-sheet be prepared.
15. Site plan Ex.PW1/1 to form part of decree.
Announced in the open court Aashish Gupta
on 08.10.2026 District Judge-01, North-East
KKD Courts, Delhi
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FORM ‘A’
CIVIL CASES
LIST OF WITNESSES
S.No. Name of Witness Whether witness of plaintiff or
defendant.
1. PW-1/Satish Chauhan Plaintiff
LIST OF DOCUMENTS
S.No Exhibit/Mark Date of
Exhibit
Description of Exhibit
1. Ex. PW1/1 07.08.2026 Site plan.
2. Ex. PW1/2 07.08.2026 Rent agreement dated 27.10.2023.
3. Ex. PW1/3 07.08.2026 Second rent agreement dated 17.09.2024.
4. Ex. PW1/4 07.08.2026 Third rent agreement dated 17.03.2025.
5. Ex. PW1/5 07.08.2026 Aadhar Card of plaintiff.
6. Ex. PW1/6 07.08.2026 Legal notice dated 29.10.2025.
7. Ex. PW1/7 07.08.2026 Postal receipt.
8. Ex. PW1/8 07.08.2026 Aadhar card of Anil Kumar
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