SURENDER BALA Vs. SANDEEP FOAM INDUSTRIES PRIVATE LIMITED

JUDGEMENT

(1.) This appeal is directed against judgment and decree dated 27th March, 1999 passed by the Court of Mrs. Manju Goel, Additional District Judge, Delhi dismissing the appellant/plaintiff's suit for possession and damages against the respondent/defendant holding that the service of notice terminating the tenancy was not proved.

(2.) Facts giving rise to this appeal briefly are: that appellants filed a suit against the respondent for recovery of possession of the premises No. C-772, New Friends Colony, New Delhi (hereinafter referred to as suit premises) alongwith its fittings and fixtures and for recovery of damages, alleging therein that plaintiff No. 1 as the owner of the suit premises and plaintiff No. 2 as the owner of the fittings and fixtures provided therein and they had, by two agreements dated 10th August, 1993, leased out the ground floor of the suit premises for residential purposes on a monthly rent of Rs. 8,000.00 and fittings and fixtures attached in the suit premises on a. monthly rent of Rs. 4,000.00 for a period of three years; the agreements provided that the lease would stand automatically terminated on 9th August, 1996 and shall not be extended thereafter.

(3.) Appellant No. 1 sent a notice dated 9th December, 1993, under Section 106 of the Transfer of Property Act, 1882 through her lawyer, terminating the tenancy of the respondent w.e.f. 31.1.1994 claiming damages@ Rs. 10,000.00 per month for use and occupation of the suit premises after the termination of the lease; and for recovery of Rs. 1,05,000.00 towards the damages caused to the premises due to the illegal construction and additions and alterations in the suit premises by the respondent. The respondent filed a written statement contesting the suit disputing and denying the material averments made in the plaint. "The service of notice dated 9th December, 1993, was also denied.