SHARVAN AGGARWAL Vs. KAILASH RANI

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment dated 14.11.2011 of the Trial Court decreeing the suit of the respondent/landlord under Order 12 Rule 6 CPC, limited to the relief of possession. The suit on the aspect of payments of mesne profits is pending trial and disposal before the Trial Court.

(2.) The plaintiff/respondent in the plaint pleaded that the suit premises being A-103/7, Wazirpur Industrial Area, Delhi were let out to the appellant/defendant at Rs. 51,000/- per month vide rent agreement dated 1.10.2006 for a period of three years. It was pleaded that in spite of the tenancy having expired by efflux of time, the premises were not vacated and therefore the respondent/plaintiff by a notice dated 31.3.2010 terminated the tenancy with effect from 30.4.2010. The subject suit for possession and mesne profits thereafter came to be filed.

(3.) In a suit for possession of a premises which is outside the protection of Delhi Rent Control Act, 1958, the following three requirements have to be established:-