RAJENDER SONI Vs. MAHABIR PRASAD AND ANR.

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 7.8.2008 which had endorsed the finding of the trial judge dated 17.10.2006 whereby the suit of the plaintiff had been decreed.

(2.) THE plaintiff Mahabir Prasad had filed a suit for possession and mesne profits. The suit property was a shop measuring about 14 ft. x 9 ft. including service verandah with the dimension of 5 ft. x 9 ft. situated in shopping complex of property No. B -8, Molar Band, Jaitpur Road, New Delhi -44. plaintiff was stated to be the owner and landlord. Rate of rent was Rs. 675/ - per month. Vide legal notice dated 22.01.2001 tenancy of the Defendant was terminated with a request to hand over the vacant possession of the shop by 28.02.2001. Tenancy was admittedly oral; there was no document in writing between the parties.

(3.) ISSUES were framed by the Court. Thereafter an application under Order XXII Rule 6 of the Code of Civil Procedure (hereinafter referred to as 'the Code') had been filed by the plaintiff praying for a decree on the admissions made by the Defendant in his written statement. Reply to the said application had been filed contesting it.