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The decree for the possession of the flat owned by the Respondent (Landlord) was challenged by the Appellant (Tenant) under Order XII Rule 6 of the Code of Civil Procedure in the case Pradeep Khanna v. RenuKhetarpal.
Facts of the case:
Observations:
Judgment:
On careful observations, it was held that after applying the well-settled principles of law, there is a clear admission of the relationship of landlord and tenant between the parties as well as the termination of the tenancy by a valid notice dated 26th October 2013 and therefore, the respondent is entitled to the decree for possession of the suit property under Order XII Rule 6 of the Code of Civil Procedure. Also, the appellant has to deposit the cost(arrears) within 10 days before the Execution Court along with an undertaking to handover the vacant and peaceful possession of the suit property to the respondent. Hence, the appeal was dismissed on the merit and the tenant was required to make an undertaking for handing over the vacant and peaceful possession of the suit property to the respondent within the stipulated time ordered by the Court.
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