Delhi High Court
Vandana Batra vs Aerens Goldsouk International ... on 13 July, 2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Order delivered on: 13th July, 2015
+ I.A. No. 5117/2015 in CS (OS) No.988/2012
VANDANA BATRA ..... Plaintiff
Through Ms. Yashmeet Kaur, Adv.
versus
AERENS GOLDSOUK INTERNATIONAL LTD. ..... Defendant
Through Mr. R.Y.Kalra, Adv. along
with Ms. Azka Sheikh, Adv.
CORAM:
HON'BLE MR.JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J.
1. The abovementioned application is filed by the plaintiff under
Order 12 Rule 6 read with Section 151 CPC seeking for judgement
on admissions and directing the defendant to handover vacant
peaceful possession of the suit.
2. The present suit has been filed in respect of Flat bearing No.
402 having a super area of 1907.249 sq. ft. on the 4th floor of the
multistoreyed building known as "Adishwar Apartment" situated at 34,
Ferozshah Road, New Delhi- 110001 along with car parking
(hereinafter referred to as the "suit property").
3. The defendant upon entering appearance in this suit preferred
an application under Section 8 of the Arbitration and Conciliation Act,
1996 for referring the matters to Arbitration by invoking the arbitration
clause in an unregistered lease deed. However, since arbitration
under inadequately stamped and unregistered lease deed is not
maintainable as such the plaintiff to move this Court for restoration of
this suit and the Arbitrator terminated the arbitration proceedings.
Vide order dated 1st October, 2014 this Court restored the suit and all
pending applications to their original positions.
4. The defendant has chosen not to file its written statement,
thereby deemed to have admitted the claim of the plaintiff atleast with
regard to the suit for possession of the suit property is concerned.
5. The defendant has admitted the relation of landlord and tenant.
The defendant has also admitted that the lease deed in question was
unregistered document and the relationship, being of month to month
tenancy, has since been terminated by the plaintiff vide its notice of
termination dated 16th February, 2012. The receipt of notice of
termination is also accepted by the defendant. It is also admitted that
despite the said termination the defendant continues to occupy the
suit property. This Court in its order dated 1st October, 2014 also
recorded that the relationship of landlord and tenant has not been
denied by the defendant. Excerpt of the passage is reproduced here
as under:-
"Undisputed position that relationship between landlord
and tenant is not denied by the defendant. The rent was
more than Rs 3500/. Notice of termination was sent by the
plaintiff."
6. In view of the aforenoted uncontroverted facts and
circumstances, a decree for possession/ejectment of the suit property
is passed in favour of the plaintiff and against the defendant. In reply
to the notice, the defendant has admitted having the possession of
the suit property however, in reply to this application, the statement is
made that the defendant is not in physical possession of the suit
property. The submission of the plaintiffs' counsel is that in order to
avoid paying the admitted rent the defendant has made incorrect
statement in reply. It is evident that the contrary statement is made in
reply. Counsel for the plaintiff says that under these circumstances,
the plaintiff would prove his case in evidence with regard to other
relief.
7. Accordingly, a decree for possession of suit property is passed
on admission in favour of the plaintiff and against the defendant.
8. With regard to the other reliefs claimed by the plaintiff to the
recovery of rent and interest, the inquiry to continue.
9. The application is accordingly disposed of.
CS (OS) No. 988/2012 & I.A.No. 6719/2012 (u/O XXXIX R 10 CPC)
From the pleadings, the following issues are to be framed:
(i) Whether the plaintiff is entitled to recover rent from May,
2010 till the date of possession along with pendent lite
and future interest as claimed? OPP
(ii) Relief
10. The plaintiff to produce evidence by way of affidavit on or
before the next date. List the matter before the Joint Registrar on 8th
September, 2015.
(MANMOHAN SINGH)
JUDGE
JULY 13, 2015
