PRADEEP KUMAR Vs. MUKESH KUMAR JAIN

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the order of the trial court dated 22.1.2014 whereby the right of the petitioner/defendant to file the written statement was closed.

(2.) Ordinarily, the courts are liberal in setting aside such orders, however, the facts as stated below will show that liberal attitude cannot be adopted in the present case.

(3.) The subject suit is a suit filed by the respondent/plaintiff/landlord for possession and mesne profits. In the city of Delhi, tenancies where rents are more than 3500/- per month, and the tenant is a month to month tenant, such a tenant has no defence because premises are outside the Delhi Rent Control Act, 1958 and even if no notice is sent terminating the tenancy, it is a settled law so far as this Court is concerned vide M/s. Jeevan Diesels and Electricals Limited Vs. Jasbir Singh Chadha (HUF) and Anr., 2011 183 DLT 712, that even summons of service of the suit can be taken as a notice under Section 106 of the Transfer of Property Act, 1882 for terminating the tenancy.