Court Room Exercise- Civil Case Brief

Ms. Sudesh Batra Vs. Sh. Kapil Arora

Suit No. 17/2015
Date of announcing the Judgement- 23.07.2015

Jennifer Rohita Xavier

11LLB029
9th Semester, 2015

Brief facts of the case:

The present case is a suit of possession and other reliefs against defendant in respect of
property situated at Pitam Pura, Delhi.

The plaintiff had let out the suit property with monthly rent excluding electricity and
water charges for the period of 11 months.

It is stated that at the time of creation of tenancy defendant has deposited certain amount
as interest free security amount which was refundable at the time of vacation of premises
upon expiry of the same. It is alleged that defendant had given a cheque for encashment,
the same returned dishonored with remarks fund insufficient.

It is stated that a legal notice was sent to defendant but when defendant failed to send the
reply of the same, present suit was filed for relief of possession regarding property in
question.

Later on despite given repeated opportunities to settle the matter, the defendant did not
vacate the premises.

The fact that defendant did not comply after giving enough notices, the plaintiff is
entitled for decree of possession, but it has been noted that the possession of premises in
question has already been given by the defendant to plaintiff.

Therefore, the suit is decreed for arrear of rent for 2 months and plaintiff is also entitled
to mesne profit along with the interest.

The suit was accordingly decreed.