RAJIV SALUJA Vs. BHARTIA INDUSTRIES LIMITED

JUDGEMENT

(1.) . This is an application under Order 12 Rule 6 CPC seeking interim decree for possession on the basis of admitted facts.

(2.) . There is no dispute as to the relationship of the landlord and tenant between the parties. The only dispute is with regard to the nature of tenancy and the service of notice determining the tenancy.

(3.) . The application is being resisted mainly on the ground that as per own understanding of the plaintiff the tenancy created by way of registered lease deed ended on 31.8.99 but was orally extended upto 29.2.2000 for a period of six months and, therefore, the possession of the defendant was by way of a month to month tenancy which was terminable in terms of Section 106 of the Transfer of Property Act, 1882 and since in the instant case the service of notice of termination of tenancy has not been proved no decree under Order 12 Rule 6 CPC can be passed as such a decree can be passed only on the premise of admitted facts.