A court here has allowed a landlord in south Delhi’s Greater Kailash-I to take possession of his rented property, recover rent arrears of ₹2.75 lakh as well as charge ₹55,000 per month as rent till handing over of the leased property from the tenant.
Suit decided ex parte
District and Sessions Judge Girish Kathpalia decided the suit ex parte in favour of the property owner as the tenant failed to appear and defend himself in the trial.
The suit stated that the landlord had rented the top floor (barsati) with two bedrooms and a drawing room with a lobby of his residential premises to him for ₹50,000 per month in 2015.
Enhanced rent
When the 11-month lease agreement expired, the tenant requested him to renew it with enhanced rent of ₹55,000 per month.
The property owner agreed to but the tenant stopped paying rent thereafter.
The landlord terminated the rent agreement through a legal notice and asked him to vacated the portion in his occupation.
When the tenant took no note of the quit notice, the landlord moved the court.
Allowing his suit, the judge said: “With effect from March 2017, tge defendant became unauthorised occupant of the suit property. Therefore, plaintiff is entitled to recovery of possession of the suit property. Pleadings and evidence of plaintiff also remain unchallenged to the effect that defendant did not pay rent for a period of five months till February 2017, rate whereof was ₹55,000 per month. Therefore, plaintiff is entitled to recover the said arrears of rent.”
“Suit of plaintiff succeeds against defendant and is decreed ex parte with cost for recovery possession of the suit property being the top floor/barsati of premises bearing no. C-78, Greater Kailash I, New Delhi, with all its fixtures and fittings; for recovery of ₹2,75,000 towards outstanding rent for a period of five months till termination of tenancy with pendente lite and future interest at a rate of 6% per annum; and for recovery of ₹55,000 per month towards use and occupation charges for the period from March 2017 onward till the date of handing over vacant possession of the suit property, along with pendente lite and future interest at a rate of 6% per annum,” the judge ordered.