BADAR MAKHMOOR(SENIOR CITIZEN) Vs. HAKIM ZILLUR REHMAN

JUDGEMENT

(1.) CM No. 11465/2014 (for revival of the petition)

(2.) In the city of Delhi three aspects are required to be seen by the civil courts when a suit for possession is filed against a tenant. First is that there must be a relationship of landlord and tenant between the parties. Second aspect is that the rate of rent is above Rs.3,500/- per month so that the tenant does not have any protection of the Delhi Rent Control Act, 1958. The third aspect is that the legal notice terminating the contractual tenancy must be served as required under Section 106 of the Transfer of Property Act, 1882 (hereinafter referred to as 'the Act').

(3.) In the present case, there is no dispute that there is a relationship of landlord and tenant and there is also no dispute that the rent is more than Rs.3,500/- per month because the respondent/defendant as per the written statement claims that he is paying rent at Rs.7000/- per month since 2005 and not Rs.6000/- as claimed by the petitioner/plaintiff. Therefore, the first two aspects with respect to existence of relationship of landlord and tenant between the parties and rate of rent being above Rs.3,500/- per month are admitted as per the pleadings.