Whether court can give Judgment on admission if the tenant has taken the plea that he had provided financial help to the landlord?

An application was filed by the respondent under Order 12 Rule 6 CPC seeking decree of possession as well as arrears of rent on admission. By judgment and decree dated 04.04.2019, this application under Order 12 Rule 6 CPC was allowed by the trial court. Trial court categorically held that the alleged loan was granted prior to the execution of the lease agreement and there was no mention of any loan or financial assistance in the lease deed and once the agreement was reduced into writing, petitioner (defendant before the Trial Court) could not be permitted to lead any oral evidence to alter the terms of any agreement.{Para 6}

7. It was further held that in case any right was created in favour of the petitioner in respect of immoveable property, he should have sought specific performance of such agreement and no specific performance had been sought, only a simplicitor suit for recovery of money was filed. Trial court held that this went on to show that petitioner had no independent right in the tenanted premises except as a tenant holding over.

8. In view of the admissions made by the petitioner, the trial court decreed the suit for possession under Order 12 Rule 6 CPC.

18. Further perusal of the written statement shows that petitioner has not specifically claimed any set-off against the respondent’s demand for arrears of rent. Though contention of the petitioner is that an independent Suit had already been filed, the finding of the trial court as contained in judgment and decree dated 04.04.2019 that petitioner does not have any independent right in the property except as a tenant holding over, has become final and conclusive since the appeal filed by the petitioner was withdrawn and the said finding would operate as resjudicata in so far as petitioner is concerned.

19. Petitioner has admitted the rent agreement, which was executed after the alleged loan. There is no reference of any loan or provision of rent free accommodation in the said agreement. Petitioner has admitted that the letting was at the rate of Rs. 10,000/- per month. He has also not denied that the rent has not been paid. Trial Court has merely gone on the basis of the admissions. Even before this court nothing has been shown to the contrary.

20. In view of the above, I find no merit in the contention of the petitioner or any infirmity in the order dated 17.07.2019 as also order dated 13.02.2020 rejecting the review application filed by the petitioner.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CM(M) 429/2020& CM APPLN. 20823/2020

 

DARSHAN ARORA Vs VIJAY KUMAR

 

CORAM:- HON’BLE MR JUSTICESANJEEV SACHDEVA

Judgment delivered on: 17th November, 2020

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