SEWA INTERNATIONAL FASHIONS Vs. MEENAKSHI ANAND

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 17.9.2011 decreeing the suit of the respondent/landlord for mesne profits and possession.

(2.) The facts of the case are that the appellant/defendant was a tenant of premises being Flat No. 308, third floor, Laxmi Bhawan, 72, Nehru Place, New Delhi measuring 352 sq. ft. The lease originally commenced in October, 1979 at a monthly rent of Rs. 1161.60/-. Thereafter, pursuant to the provision of Sections 6A and 8 of the Delhi Rent Control Act, 1958, which allows enhancement of rent by 10% every three years, rent was regularly increased and the last undisputed enhancement was of Rs. 2489.30/- per month with effect from 23.4.2004. The respondent/plaintiff, thereafter, got issued another legal notice dated 7.5.2007 enhancing the rent to Rs. 3618.23/- with effect from 23.4.2007. This amount of rent includes maintenance charges of Rs. 880/- per month. With the rent being more than Rs. 3,500/- per month, the premises no longer enjoyed the protection under the Delhi Rent Control Act, 1958. The tenancy of the appellant was, thereafter, terminated by a legal notice dated 7.9.2007, under Section 106 of the Transfer of Property Act, 1882 and on failure of the appellant/defendant to vacate the suit premises, the subject suit for possession and mesne profits came to be filed.

(3.) The appellant contested the suit and raised several defences. One defence was that the notice dated 7.5.2007 increasing the rent to Rs. 3618.23/-per month was not served. Another defence was that the notice was defective because this notice sought to increase the rent retrospectively.