JAI BHAGWAN MITTAL Vs. MEENA JAIN AND ANR.

JUDGEMENT

(1.) ON an application under Order 12 Rule 6 of the Code of Civil Procedure, 1908 (for short hereinafter referred to as "the Code") filed by the respondents trial court, vide order dated 17th November, 2012, has passed a decree of possession against the appellant while keeping the proceedings in the suit alive with regard to determination of mesne profit. Aggrieved by the decree of possession appellant has preferred this appeal.

(2.) BRIEFLY stated, facts relevant for the disposal of the present appeal are that respondents filed a suit for possession in respect of property bearing no. A -6/1, Jhilmil Industrial Area, Shahdara, Delhi -110032 more particularly shown in red colour in site plan -Ex. PW1/1 (hereinafter referred to as "the suit property"). It was alleged in the plaint that appellant was inducted as a tenant in the suit property vide registered lease deed dated 5th May, 2006 on a monthly rent of Rs. 24,000/ - excluding electricity, water and CEPT charges. Lease was for a period of three years. After expiry of lease by efflux of time appellant requested the respondents orally to extend the tenancy for a period of eight months to enable him to vacate the suit property by the end of December, 2009 on enhanced rent of Rs. 29,000/ - per month. Respondents agreed to this arrangement. However, appellant did not vacate the suit property by the end of December, 2009 and continued to hold over the possession of suit property on month to month basis. Despite repeated requests of respondents to vacate. Thus, respondents through their lawyer sent a legal notice dated 14th September, 2010 on the appellant through registered A.D. post -Ex. 1/6 as well as Under Postal Certificate (UPC) -Ex. 1/4 whereby called upon the appellant to vacate and hand over the suit property within 15 days of receipt of the notice. Since possession was not handed over by the appellant, hence the suit.

(3.) RESPONDENTS filed replication to the written statement wherein they denied the allegations levelled in the written statement and reiterated the averments made in the plaint.