SATISH KUMAR SUSHIL Vs. BAL GOVIND ROHTGI

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 14.10.2011 decreeing the suit of the respondent/landlord/plaintiff for possession on an application under Order 12 Rule 6 CPC.

(2.) IN Delhi, where the tenancies have rent in excess of Rs.3,500/- per month and such tenancies are not tenancies for fixed period under a registered lease, i.e. they are monthly tenancies, then such tenancies can be terminated by means of service of legal notice under Section 106 of the Transfer of Property Act, 1882.

(3.) THE trial Court, in my opinion, therefore, rightly held that there was no disputed question of fact which required trial and the suit so far as the relief for possession was concerned, was rightly decreed. THE suit is of course continuing so far as the relief for mesne profits is concerned.