RAJ KUMAR DUBEY Vs. SUMI SABHARWAL

JUDGEMENT

(1.) THE challenge by means of the Regular First Appeal under Section 96 of the Code of Civil Procedure 1908 is to the impugned judgment and decree dated 17.8.2010 whereby the suit of the respondent/plaintiff for possession and mesne profits has been decreed.

(2.) THE facts of the case are that the appellants/defendants admittedly entered into a registered lease deed dated 16.11.2007 with the respondent/plaintiff with respect to property no. 310, New Delhi House, 27, Barakhamba Road, New Delhi-1. This lease was for a period of thirteen and a half months from 16.112007 to 31.12.2008. THE monthly rent was Rs.65,000/- which the appellants paid during the lease period. Though, the lease was for a fixed period, which expired by efflux of time, respondent/plaintiff, as a matter of abundant caution, served a notice terminating the tenancy vide notice dated 24.12.2008 which was duly replied by the appellants/defendants by their reply dated 20.1.2009. On the appellant failing to vacate the suit premises, subject suit came to be filed.

(3.) IN view of the above I do not find any merit in this appeal which is therefore dismissed leaving the parties to bear their own costs. CM Nos. 2155-57/2010