SIMMI WALIA vs RAKESH ARORA

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30.01.2025 + RFA 229/2023 & CM APPL.13493/2023 SIMMI WALIA .....Appellant Through: Ms. Gyan Mitra, Advocate. versus RAKESH ARORA .....Respondent Through: Mr. Harish Malhotra, Senior Advocate with Mr. Sunil Ahuja, Advocate. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The appellant has assailed judgment and decree dated 04.01.2023 passed under Order XII Rule 6 CPC by the learned Additional District Judge, Shahdara, Karkardooma Courts, Delhi, whereby the appellant tenant was directed to restore possession of the tenanted property to the respondent landlord in view of admissions made in the pleadings. On the basis of advance intimation, the respondent landlord entered appearance through counsel. I have heard learned counsel for both sides and have examined the digitized record of the trial court. 2. The present respondent had filed suit for recovery of possession of the third floor of premises bearing no.162, Ram Vihar, Delhi as well as for RFA 229/2023 Page 1 of 10 pages Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, ou=DELHI HIGH COURT, GIRISH KATHPALIA 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435 f97626cacca, postalCode=110003, st=DELHI, serialNumber=D3E86796451EC45C07B5D15570996B40F80CBD2EEE6 0402C487965FF801E26FA, cn=GIRISH KATHPALIA Signature Not Verified Date: 2025.01.30 17:40:23 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:30.01.2025 18:54:59 injunction and recovery of arrears of rent with interest and of mesne profits. In his plaint, the present respondent pleaded that the appellant was inducted as a tenant in respect of two bedrooms, drawing cum dining room, one kitchen, toilet/bathroom and balcony at third floor of the premises no.162,