CONTINUOUS ASSESSMENT TASK-II

MOCK TRIAL IN CIVIL LITIGATION

ASSIGNMENT-II

COURSE CODE: LAW 440

“Reply to the Rent Petition

under Delhi Rent Control Act,
1958”
Submitted To: Submitted By:
Ms. Vanshika Premani Ujjwal Chandra
Assistant Professor of Law BBA LLB. (Hons).
School of Law L1704 A06
Lovely Professional University 11704404
IN THE COURT OF THE LD. RENT CONTROLLER, SAKET COURT,
DELHI

CIVIL RENT PETITION NO. 420 of 2020

MEMO OF PARTIES
Mr. A, aged 32 years, S/o: Mr. R, R/o: House No. 348, Street-2, Patel Chowk,
Saket, Delhi.
………PETITIONER
Versus
Mr. B, aged 54 years, S/o: Mr. T, R/o: House No. 454, Street-2, Patel Chowk,
Saket, Delhi.
……. RESPONDENT
Written Statement under Order VIII, Rule 1
of the Code of Civil Procedure, 1908 (as
amended up to date) r/w Section 36 of the
Delhi Rent Control Act, 1958 against the rent
petition no. 420 of 2020 dated 08.08.2020.

_____________

Saket Court, Delhi Ujjwal Chandra

10-08-2020 Advocate

Counsel for Respondent

If It May Please Your Worship

Most Respectfully Showeth:

1. That the contents mentioned in paragraph 1 are admitted as to the identity

of the petitioner. However, the stated premises do not fall within the
vicinity of Municipal Committee of Delhi, or for that matter it does not fall
within the vicinity of any other area notified in the First Schedule of the
Delhi Rent Control Act, 1958; therefore, the present petition is not
maintainable on the ground on non-applicability.

2. That the contents mentioned in paragraph 2 are admitted that the

respondent is the tenant in the petitioner’s house.

3. That the contents mentioned in paragraph 2 are admitted that the petitioner
is the owner of the house.
4. That the contents mentioned in paragraph no. 4 (as amended by the
interlocutory application) as to quantum of rent to the tune of Rs. 10,000/-
per quarter are admitted. However, it is pertinent to mention here that the
receipts were issued on quarterly basis by the i.e. after every three months
by the landlord-petitioner as opposed to monthly basis. A copy of the
quarterly receipt has been appended with the petition. (Exhibit 1)

5. That the contents mentioned in paragraph no. 5 are admitted as to the

lawful standard increase in the rent.

6. That the contents mentioned in paragraph no. 6 as to the practice of

issuance of rental receipts/ rent note on the payments are admitted.
However, it is pertinent to mention here that these receipts were issued on
“quarterly basis”.
7. That the contents mentioned in paragraph no. 8 are correct as to there was
an agreement for eviction on non-payment of the rent and use of building
other than residential purpose.
8. That the contents mentioned in paragraph no. 11 are incorrect, irrelevant &
denied. A prior intimation was given to the petitioner-landlord regarding
the installation of oven in regard to the online bakery classes of the
respondent & a clear permission was sanctioned by the petitioner leading
to such installation.
9. That the contents mentioned in paragraph no. 12 are incorrect, irrelevant &
denied. The baking activity was being conducted by Respondent was for
self-learning purpose. It is pertinent to mention here that Respondent was
learning baking through an online baking course, where the same had to
submit the pictures of the baked cakes. Therefore, the snapshot of the cake
on the website appended by the petitioner is for the advertisement purposes
for that online course website; instead of the respondent carrying on her
own business activities. A copy of the enrollment certificate of the
respondent in bakery classes is appended with the statement. (Exhibit 2)
10. That the contents mentioned in paragraph 13 is totally denied as the
respondent is already paying the increased amount of electricity bill
amount and does not let the burden come up on the petitioner and has
further taken the permission by the petitioner before installing the oven. A
call recording of the petitioner has been attached where he is allowing to
install the oven. (Exhibit 3)
11. That the contents mentioned in paragraph no. 14 are incorrect, irrelevant
and denied. The notice sent to the respondents is solely on the basis of
“commercial use of property”. The personal use by the respondent is
deliberately being painted as the commercial use by the petitioner; thereby
misleading this Court.
12. That the contents mentioned in paragraph no. 15 (as amended by the
interlocutory application) are incorrect, irrelevant & denied. The petitioner
has concealed the fact from the Hon’ble Court that the rent in the said
period was not paid by cash, but a cheque. The petitioner stated that he
 would issue the rent receipt, the very next day & respondent believed him
in good faith. A copy of the bank statement of the respondent is appended
with this statement. (Exhibit 4)
13. That the contents mentioned in paragraph no. 16 are incorrect, irrelevant
& denied. As, it was already mentioned that the husband of the respondent
was busy travelling outside but the petitioner never tried to visit the
respondent. No attempt was made by the petitioner landlord to have a
dialogue & clarify his problems with the respondents.
14. That the contents mentioned in paragraph no. 17 are admitted. A reply to
the legal notice was made by the respondent denying all the allegations.
15. That the contents mentioned in paragraph no. 18 are admitted but is a harsh
attempt by the petitioner for forceful eviction of premises by the
respondents.
16. That the contents mentioned in paragraph no. 18 are incorrect, irrelevant
& denied. The petitioner landlord is running a hotel business
accommodation in Mayur Vihar and is in the possession of alternate
premises. Photographs of the accommodation is appended with the
petition. (Exhibit 5)
17. That the contents mentioned in paragraph 19 are incorrect, irrelevant &
denied. The necessity of petitioner is not bonafide, but is filled with malice
as he wants to let the premises to their known relatives as mentioned in
paragraph 22 of the petition merely for fetching higher rent.
18. That paragraph no. 21 (as amended in the interlocutory application) is
incorrect, irrelevant & denied. No default payment was there on the part of
the respondent as the mentioned rent has been paid through cheque as
stated earlier.
19. That the contents mentioned in Paragraph no. 22 are a matter of record.
However; it is pertinent to mention here that since the known relative of
the petitioner were offering an increased rent to the petitioner, it is a
 malafide attempt on the part of the petitioner to forcefully evict the
respondents.
20. That the contents mentioned in paragraph 23 & 24 are a matter of record.

********

PRAYER

The Counsel for the respondent humbly prays to this Hon’ble Court to kindly
adjudge and pass orders:

1. That the present petition, being non-maintainable, be dismissed.

2. That respondents to remain in possession of the stated premises on
rental basis.
3. Pass any other order or direction which this Hon’ble Court may deem
appropriate in the facts and circumstances of this present case.

And for this act of kindness, the Respondent as in duty bound, shall forever
pray.

____________________

Mr. B

Mrs. B

RESPONDENT(S)
Dated: 10.08.2020
Through
Saket Court, Delhi
___________________

Ujjwal Chandra

Advocate for Respondent(s)

JOINT VERIFICATION:

I, Mr. B and Mrs. B, the concerned respondent(s) in this case, do hereby certify
that the contents of the Para 1 to 20 are true and best to my knowledge and as
derived from the records of the case, no part of it is false or malafide and nothing
has been concealed there from.

Verified at Saket Court, Delhi on 10.08.2020.

_______________

Deponent

LIST OF DOCUMENTS

NAME DOCUMENT NO.

Quarterly receipt Exhibit 1
Certificate of the respondent in Exhibit 2
bakery classes
Call recording of the petitioner Exhibit 3
A copy of the bank statement Exhibit 4
Photographs of the accommodation Exhibit 5
 RW-1/A

IN THE COURT OF THE LD. RENT CONTROLLER, TIS HAZARI COURT,

DELHI
CIVIL RENT PETITION NO. PB-00-26 OF 2020
MEMO OF PARTIES
Mr. A, aged 32 years, S/o: Mr. R, R/o: House No. 348, Street-2, Patel Chowk,
Saket, Delhi.

… PETITIONER

Versus

Mr. B, aged 54 years, S/o: Mr. T, R/o: House No. 454, Street-2, Patel Chowk,
Saket, Delhi.

…RESPONDENT

AFFIDAVIT

I, Mr. B, aged 54 years, S/o: Mr. T, R/o: House No. 454, Street-2, Patel Chowk,
Saket, Delhi, do hereby solemnly affirm and declare as under:
1. That I am the respondent in the accompanying suit and I am well
conversant with the facts and circumstances of the case & application to
depose the present affidavit.
 2. That I have read & understood the contents of the accompanying petition
& state that the same are true and correct to the best of my knowledge.
3. That no part of the written statement is false and nothing has been
concealed there from.
4. That no other written statement concerning the same issue has been filed
in any other coordinate court, superior court or any foreign court.
5. That the court fee has been duly paid by me in respect of the accompanying
petition.

____________

Deponent

VERIFICATION:
Verified at Tis Hazari Court, Delhi on 21.07.2020 that the contents of the above
affidavit are true and correct to my knowledge and as derived from the records of
the case, no part of it is false and nothing material has been concealed there from.

_____________

Deponent