OM PRAKASH MALHOTRA Vs. SHANKAR LAL AGGARWAL

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 11.01.2002 which had reversed the findings of the trial Judge dated 20.10.2001 whereby on an application under Order 12 Rule 6 of the Code of Civil Procedure (hereinafter referred to as the � 1/2Code� 1/2) the suit of the plaintiff<APL> Om Prakash Malhotra </APL>seeking possession of the suit property i.e. property comprising of ground floor, D-308, Sarvodya Enclave, New Delhi has been decreed in his favour. Impugned judgment has reversed this finding; suit of the plaintiff was remanded back for trial

(2.) THE plaintiff had filed the present suit for possession qua the aforenoted suit property. His contention was that the defendant was inducted as a tenant in the suit property vide registered lease deed dated 09.10.1979 for a limited period of five years. This was w.e.f.01.10.1979. Lease was residential. Thereafter by mutual agreement, the period of tenancy was extended; the first extension was w.e.f. 01.10.1984 to 30.09.1987. This was in terms of an agreement dated 04.04.1985. Thereafter in terms of an agreement dated 21.07.1988, the tenancy was again extended for three years w.e.f. 01.10.1987 to 30.09.1990. Lastly in terms of an agreement dated 14.01.1991, the tenancy was extended for a period of five years i.e. w.e.f. 01.10.1990 till 30.09.1995. Further contention of the plaintiff is that vide notice dated

(3.) REPLICATION was not filed.