ARTI SHARMA ALIAS ARTI & ANR. vs KANTA KAME

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on 22nd May, 2026 Pronounced on: 05th June, 2026 + RSA 209/2024, CM APPL. 71171/2024 & CM APPL. 71173/2024 ARTI SHARMA @ ARTI D/o Sh. Het Ram R/o 316-B, First Floor, Pocket M & N, Janta Flats, Sarita Vihar, New Delhi. .....Appellant Through: Mr. Ayaz Ahmed and Mr. Sameer Khan, Advocates with Appellant in person. versus SMT. KANTA KAME W/o Sh. Ashok Kame R/o D-52, Pocket-J DDA Flats, Sheikh Sarai, New Delhi. .....Respondent Through: Mr. Krishnakumar R. S., Advocate with Respondent in person. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Regular Second Appeal under Section 100 read with Section 151 Code of Civil Procedure, 1908 (CPC) has been filed against the Judgment dated 02.08.2024 whereby the learned District Judge, in First regular Appeal has upheld the ex-parte Judgment and Decree dated 01.03.2023, of the learned Civil Judge, while dismissing the challenge to the Application under Order 9 Rule 13 CPC, in setting aside the Judgement of the learned Civil Judge. Signature Not Verified Digitally Signed By:ANIL RSA 209/2024 Page 1 of 14 KUMAR BHATT Signing Date:09.06.2026 11:41:43 2. The Respondent/Plaintiff instituted a Civil Suit bearing CS No. 947/2019 seeking eviction of the Defendant/Appellant and recovery of arrears of rent. 3. Briefly stated, the case of the Respondent/Plaintiff was that she was the owner of property bearing No. 316-B, Pocket M & N, Janta Flats, Sarita Vihar (hereinafter referred to as suit property), and that the Appellant along with Defendant No.2 (her husband, who has not been impleaded in this Appeal) had approached her for taking the premises on rent. Pursuant thereto, a Rent Agreement dated 14.06.2016 was executed for the period from 12.06.201