NARESH KUMAR PINGOLIA Vs. MAHINDER KUMAR JOSHI

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 30.3.2011 which has endorsed the finding of the trial judge dated 07.5.2010 whereby the suit filed by the plaintiff seeking possession of the suit property i.e. the property bearing No.16/561/C, Ground Floor, Amrit Kaur Puri, Tank Road, Karol Bagh, Delhi had been decreed in favour of the plaintiff on his application under Order 12 Rule 6 of the Code of Civil Procedure (hereinafter referred to as the CPC?).

(2.) The plaintiff had filed the aforenoted suit for recovery of possession of the aforenoted suit property. Defendant had been inducted as a tenant in December 2004; it was in terms of the agreement dated 25.02.2008 which was for a limited period of 11 months. Monthly rent was '4500/- excluding electricity and water charges. Tenancy had come to an end by efflux of time. Legal notice dated 16.6.2009 served upon the defendant terminating his tenancy.

(3.) In the written statement, the service of the legal notice dated 16.6.2009 was denied. It was not in dispute that the parties were sharing a landlord-tenant relationship. Rate of rent was not disputed; however, the receipt of the legal notice was disputed.