VENUS SUGAR LTD Vs. NISHI CHOPRA

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment and decree dated 22.11.2010 whereby the suit of the respondent/plaintiff/landlady for possession and recovery of mesne profits was decreed with respect to the ground floor of the property bearing no.C-493, Yojna Vihar, New Delhi.

(2.) THE fact that there is a relationship of landlord and tenant between the parties is not disputed. It is also not disputed that rent was paid at Rs.12,500/- per month till September, 2006 and thereafter on account of service of legal notice dated 29.9.2006 rent was increased to Rs.15,100/- per month and which rent was paid for three months of October, November and December, 2006. THE respondent/landlady served another notice dated 18.12.2006 for termination of the tenancy and whereafter, the subject suit for possession and mesne profits was filed.

(3.) SO far as the first argument is concerned of creation of a fresh tenancy at an enhanced rent after service of notice dated 29.9.2006, the same is an undisputed fact and also the fact that higher rent at Rs.15,100/- per month was paid for the months of October, November and December. However, it is also an undisputed fact that thereafter another notice dated 18.12.2006 was served terminating the tenancy and thereafter there is no acceptance of any rent, much less enhanced rent higher than Rs.15,100/- from January, 2007 onwards. The contention of the learned counsel for the appellant is, therefore, misconceived because the suit is based upon the legal notice dated 18.12.2006.