RAKESH VERMA vs MRS. JASVINDER KAUR WALIA

Judgment text excerpt

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 253/2025, CM APPL. 26654/2025 & CM APPL. 26655/2025 RAKESH VERMA .....Appellant Through: Mr. Samrat Nigam, Sr. Adv. with Mr. Kunal Mittal, Adv. versus MRS. JASVINDER KAUR WALIA .....Respondent Through: Ms. Ritu Gupta and Mr. Hemant Gupta, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 02.05.2025 C. HARI SHANKAR, J. 1. The plaint 1.1 CS (Comm) 530/2023 was instituted by the respondent Jasvinder Kaur Walia, who claimed to be the owner of property situated at C-185, Vivek Vihar, Delhi-1100951, having purchased the said property from its original owner vide Sale Deed dated 7 December 2010. She claimed that the appellant Rakesh Verma had been inducted by her as a tenant in the basement of the tenanted premises at a monthly rent of ₹ 50,000/- which was to increase @ 5% per annum vide registered Rent Agreement dated 4 May 2016. 1 “the tenanted premises” hereinafter Signature Not Verified Digitally Signed By:AJIT RFA(COMM) 253/2025 Page 1 of 20 KUMAR Signing Date:08.05.2025 18:01:39 1.2 Under Clause 3 of the rent agreement, the tenancy was for a period of three years from 1 May 2016 till 30 April 2019. She alleged that, w.e.f.2 March 2018, the appellant had defaulted in payment of rent. She relied on Clause 18 of the rent agreement under which, on the appellant defaulting in payment of rent consecutively for two months, the respondent retained the right to terminate the tenancy and the appellant was bound to hand over vacant and peaceful possession of the tenanted premises to the respondent. 1.3 As the appellant had defaulted in paying rent w.e.f. March 2018, the respondent claimed to have issued a legal notice to the appellant on 17 August 2018 under Section 1063 of